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Justinian I · The Digest of Justinian §38.16.5.pr

Paternal Uncle's Succession to Both Brothers upon Condition Failure

Passage 6073 of 9271 · Latin

Summary

It discusses whether a paternal uncle can enter upon the statutory inheritance of both a deceased person and his brother, when the first died after making a will whose condition was pending and then failed, and the brother died intestate during that pendency.

[ULPIANUS libro quadragensimo sexto ad edictum. ] §38.16.5.prSi quis, cum haberet fratrem et patruum, decesserit testamento facto, deinde pendente condicione heredum scriptorum frater intestato decesserit, mox condicio defecerit: patruum posse utriusque adire legitimam hereditatem constat.
[ULPIANUS, from the forty-sixth book on the Edict.] If someone, having a brother and a paternal uncle, dies after making a will, and then, while the condition of the appointed heirs is pending, the brother dies intestate, and soon after the condition fails: it is established that the uncle can enter upon the statutory inheritance of both.

Notes

  1. §38.16.5.prutriusque — The genitive pronoun utriusque (genitive singular of uterque, "each of the two") refers to both the person who died first (quis) and his brother (frater) who died intestate afterwards. The uncle (patruus) can enter upon the statutory inheritance of both.
  2. §38.16.5.prpatruum posse ... adire ... constat — An accusative with infinitive (ACI) construction functioning as the subject of the impersonal verb constat ("it is established"). patruum is the subject accusative of the infinitive posse, which in turn governs the complementary infinitive adire.

Cite this passage

Justinian I, The Digest of Justinian §38.16.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.16.5.pr

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