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Justinian I · The Digest of Justinian §38.16.7.pr

Inheritance Rights of One Conceived during Deceased's Life

Passage 6075 of 9271 · Latin

Summary

Celsus states that a person conceived during the lifetime of the deceased is also deemed to be in existence in a certain sense, and is thus treated similarly regarding inheritance.

[CELSUS libro uicensimo octauo digestorum. ] §38.16.7.pruel si uiuo eo conceptus est, quia conceptus quodammodo in rerum natura esse existimatur.
[CELSUS, from the twenty-eighth book of the Digests.] or if he was conceived while that person was still living, because a person conceived is in a certain sense deemed to be in existence.

Notes

  1. §38.16.7.pruiuo eo — An ablative absolute construction consisting of the pronoun `eo` and the adjective `uiuo`, meaning "while he was living." The pronoun `eo` refers to the deceased (the grandfather in this case) mentioned in the preceding chunk (`eo, de cuius bonis quaeritur`).
  2. §38.16.7.prconceptus — The perfect participle in the masculine nominative singular used substantively as the subject of `existimatur`, referring to "one who has been conceived" or "the unborn child."

Cite this passage

Justinian I, The Digest of Justinian §38.16.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.16.7.pr

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