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Justinian I · The Digest of Justinian §38.2.10.pr-38.2.10.1

Adjustment of Patronal Shares and Effect of Disinheritance

Passage 5946 of 9271 · Latin

Summary

The passage discusses the remedy for a patron whose share is unsatisfied due to excess legacy to another patron, and the legal rules concerning how disinheritance by a grandfather or father affects succession to the goods of their freedmen depending on the order of their deaths.

[ULPIANUS libro quadragensimo quarto ad edictum. ] §38.2.10.prSi ex patronis alicui satisfactum non erit ita, ut alii amplius sua portione ex bonis liberti relinquatur: ei, cui satisfactum non erit, ita actio dabitur, ut eius portio suppleatur ex eo, quod extraneo heredi et quod patrono supra suam portionem relictum est.
[ULPIANUS from the forty-fourth book on the edict.] If the claim of one of the patrons is not satisfied in such a way that more than his share of the goods of the freedman is left to another, an action shall be granted to the one whose claim is not satisfied, so that his share may be made up from what has been left to an outside heir and what has been left to a patron in excess of his share.
eadem ratio et in pluribus patronis seruabitur.
The same rule shall also be observed when there are several patrons.
§38.2.10.1Iulianus ait eum, qui ab auo suo exheredatus est, a bonis libertorum eius summoueri, a patris uero sui libertorum bonis non excludi: quod si a patre sit exheredatus, ab auo non sit, non solum a libertorum paternorum bonis, uerum etiam ab aui quoque excludi debere, quia per patrem auitos libertos consequitur: quod si pater eius sit ab auo exheredatus, ipse non sit, posse nepotem auitorum libertorum contra tabulas bonorum possessionem petere.
Julian says that he who has been disinherited by his grandfather is excluded from the goods of his grandfather's freedmen, but is not excluded from the goods of his own father's freedmen. But if he is disinherited by his father, and not by his grandfather, he must be excluded not only from the goods of his father's freedmen, but also from those of his grandfather, because he succeeds to the grandfather's freedmen through his father. If, however, his father has been disinherited by his grandfather, but he himself has not been, the grandson can petition for possession of goods contrary to the will of the grandfather's freedmen.
idem ait, si pater me exheredauit, auus meus patrem meum et prior auus decesserit, ab utriusque libertis me repelli: sed si ante pater decessisset, postea auus, dicendum erit nihil mihi nocere patris exheredationem ad auitorum libertorum bona.
He also says that if my father has disinherited me, and my grandfather has disinherited my father, and the grandfather dies first, I am excluded from the freedmen of both. But if the father dies first, and the grandfather afterwards, it must be said that the disinheriting by my father does not prejudice me with regard to the goods of my grandfather's freedmen.

Notes

  1. §38.2.10.prsatisfactum non erit ita, ut — The adverb 'ita' limits the condition, and the 'ut' clause expresses the result or the specific circumstance in which one patron's claim is not satisfied as a consequence of another receiving more than their share.
  2. §38.2.10.1auus meus patrem meum et prior auus decesserit — After 'auus meus patrem meum', a verb like 'exheredauit' (disinherited) must be understood as omitted or lost, in parallel with the preceding 'pater me exheredauit'. 'prior' functions adverbially to mean 'first' or 'prior to the father', indicating that the grandfather died before the father.
  3. §38.2.10.1auitorum libertorum contra tabulas bonorum possessionem — The genitive phrase 'auitorum libertorum' (of the grandfather's freedmen) modifies 'bonorum possessionem' (possession of goods). The entire phrase means 'possession of the goods of the grandfather's freedmen contrary to the will'.

Cite this passage

Justinian I, The Digest of Justinian §38.2.10.pr-38.2.10.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.10.pr-38.2.10.1

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