Justinian I · The Digest of Justinian §38.17.7.pr

Mother's Intestate Succession Rights with Adopted Siblings

Passage 6094 of 9271 · Latin

Summary

It provides that in the case of intestate succession, even if the surviving consanguinean siblings were acquired through adrogation, the mother's inheritance rights are preserved just as when natural children exist.

[IDEM libro singulari ad senatus consultum Tertullianum et Orphitianum. ] §38.17.7.prSi quis intestatus decesserit relicta matre et fratre consanguineo uel sorore quamuis per adrogationem quaesitis, eadem iura in persona matris seruantur, quae et naturalibus extantibus liberis.

[THE SAME in his single book on the Senatus Consultum Tertullianum and Orphitianum.] If anyone should die intestate, leaving a mother and a consanguinean brother or sister, even if they were acquired through adrogation, the same rights are preserved in the person of the mother as also when natural children exist.

Notes

38.17.7.prquaesitis — The perfect participle quaesitis (from quaero, ablative plural) agrees with the preceding fratre consanguineo uel sorore. Since one is masculine (frater) and the other feminine (soror), the masculine plural ablative form quaesitis is used according to grammatical rules, indicating that it is these siblings who were acquired through adrogation.
38.17.7.prnaturalibus extantibus liberis — An ablative absolute construction consisting of the noun liberis, the present participle extantibus, and the adjective naturalibus. Meaning 'with natural children surviving', it presents a conditional circumstance within the comparative clause introduced by the relative pronoun quae (referring back to eadem iura).

Cite this passage

Justinian I, The Digest of Justinian §38.17.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.17.7.pr

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