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Justinian I · The Digest of Justinian §38.16.9.pr

Accrual of Portions in Statutory Succession and Transmission

Passage 6077 of 9271 · Latin

Summary

Discusses the accrual of portions when some statutory heirs fail to enter upon an inheritance, the transmission of this right to their heirs, and contrasts this with the position of a substituted heir.

[MARCIANUS libro quinto institutionum. ] §38.16.9.prSi ex pluribus legitimis heredibus quidam omiserint adire hereditatem uel morte uel qua alia ratione impediti fuerint, quo minus adeant, reliquis, qui adierint, adcrescit illorum portio et licet decesserint, antequam adcresceret, hoc ius ad heredes eorum pertinet.
[MARCIANUS, from the fifth book of the Institutions.] If, out of several statutory heirs, some have neglected to enter upon the inheritance, or have been prevented by death or some other reason from entering, their portion accrues to the remaining heirs who have entered; and even if they have died before the accrual took place, this right belongs to their heirs.
alia causa est instituti heredis et coheredi substituti: huic enim uiuo defertur ex substitutione hereditas, non etiam, si decesserit, heredem eius sequitur.
The case is different for an appointed heir and one substituted for a co-heir; for to the latter, while alive, the inheritance is offered by virtue of the substitution, but if he has died, it does not also pass to his heir.

Notes

  1. §38.16.9.primpediti fuerint, quo minus adeant — Following the passive perfect form of the verb of hindering (impediti fuerint), the conjunction quo minus with the subjunctive adeant introduces a subordinate clause meaning "prevented from entering."
  2. §38.16.9.prlicet decesserint — The concessive conjunction licet takes the subjunctive perfect decesserint, forming a concessive clause meaning "although they have died."
  3. §38.16.9.pruiuo — A dative adjective agreeing with the dative pronoun huic (the latter, i.e., the substituted heir), functioning predicatively to mean "while he is alive" or "during his lifetime."

Cite this passage

Justinian I, The Digest of Justinian §38.16.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.16.9.pr

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