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Justinian I · The Digest of Justinian §38.16.4.pr

Parental Status Change and Children's Succession Rights

Passage 6072 of 9271 · Latin

Summary

It explains that even if a parent has undergone a change of status, the children's right of statutory inheritance in relation to other persons and among themselves, as well as the rights of others against them, is preserved.

[POMPONIUS libro quarto ad Sabinum. ] §38.16.4.prHi, quorum parens capite minutus est, legitimae hereditatis ius et in ceteris personis et inter se retinent et alii aduersus eos.
[POMPONIUS, from the fourth book on Sabinus.] Those whose parent has undergone a change of status retain the right of statutory inheritance both in regard to other persons and among themselves, and others also retain it against them.

Notes

  1. §38.16.4.prcapite minutus est — The ablative singular capite of the noun caput functions here as an ablative of specification ('with respect to'), modifying the participle minutus ('diminished'). This expression derives from the legal term capitis deminutio (loss or change of civil status).
  2. §38.16.4.pret alii aduersus eos — This phrase is understood by supplying the preceding verb retinent and its object ius. Structurally, alii is the subject, and aduersus eos ('against them') indicates the direction or target of the inherited right.

Cite this passage

Justinian I, The Digest of Justinian §38.16.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.16.4.pr

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