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Justinian I · The Digest of Justinian §38.2.11.pr

Rights to Freedmen of Grandson Whose Father Was Disinherited

Passage 5947 of 9271 · Latin

Summary

This section details the rights of a grandson, whose father was disinherited by the grandfather but who himself was not disinherited, regarding the property of the freedmen, depending on whether the father is deceased, whether the grandson is under paternal power, or if he has been emancipated.

[IULIANUS libro uicensimo sexto digestorum. ] §38.2.11.prQuod si pater meus a patre suo sit exheredatus, ego neque a patre meo neque ab auo, mortuo quidem patre et aduersus auitos et aduersus paternos libertos ius habebo, uiuente patre, quamdiu in potestate eius ero, non petam contra tabulas auitorum libertorum bonorum possessionem, emancipatus non summouebor.
[IULIANUS from the twenty-sixth book of the Digests.] But if my father has been disinherited by his father, and I myself have been disinherited neither by my father nor by my grandfather: if indeed my father is dead, I shall have a right both against my grandfather's freedmen and against my father's freedmen; while my father is living, however, as long as I am under his power, I shall not petition for possession of goods contrary to the will of my grandfather's freedmen; but if I have been emancipated, I shall not be excluded.

Notes

  1. §38.2.11.prego neque a patre meo neque ab auo — This phrase stands within the conditional clause introduced by 'Quod si', with the subjunctive 'exheredatus sim' (corresponding to 'sit exheredatus' in the preceding clause) being ellipted.
  2. §38.2.11.premancipatus — A perfect participle agreeing in gender, number, and case with the subject 'ego', expressing a conditional sense: "if I have been emancipated (from paternal power)".

Cite this passage

Justinian I, The Digest of Justinian §38.2.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.11.pr

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