Humanitext Reader

Justinian I · The Digest of Justinian §38.2.13.pr

Claim to Goods by Disinherited Son Inheriting Indirectly

Passage 5949 of 9271 · Latin

Summary

Explains that a disinherited son of a patron cannot claim possession of goods contrary to the will of the patron's freedmen, even if he effectively becomes heir through his own son (grandson) or slave, because he is not admitted to the inheritance directly but through another.

[IULIANUS libro uicensimo sexto digestorum. ] §38.2.13.prFilius patroni exheredatus, quamuis nepos ex eo heres scriptus fuerit, bonorum possessionem contra tabulas paternorum libertorum accipere non potest: licet enim necessarius existat patri suo, non per semetipsum, sed per alium ad hereditatem admittitur.
[IULIANUS libro uicensimo sexto digestorum.] A disinherited son of a patron, although a grandson born of him has been written as heir, cannot receive possession of goods contrary to the will of his father's freedmen; for although he may exist as a necessary heir to his own father, he is admitted to the inheritance not through himself, but through another.
et certe constat: si emancipatus filius exheredatus fuerit et seruus eius heres scriptus, etsi iusserit seruo hereditatem adire et ita patri suo heres extiterit, non habebit contra tabulas paternorum libertorum bonorum possessionem.
And indeed it is well established that if an emancipated son has been disinherited and his slave written as heir, even if he has ordered the slave to enter upon the inheritance and has thus become heir to his own father, he shall not have possession of goods contrary to the will of his father's freedmen.

Notes

  1. §38.2.13.prlicet enim necessarius existat patri suo — The conjunction `licet` introduces the subjunctive `existat` to express concession ('although'). The subject of `existat` is the disinherited son (`filius`) mentioned in the previous sentence. `necessarius` functions as `heres necessarius` (necessary heir), referring to the situation where the son, as a paterfamilias, becomes a necessary heir because a person under his power (the grandson) was appointed heir. `patri suo` refers to the deceased patron (the son's father).
  2. §38.2.13.prcontra tabulas — A legal formula meaning 'contrary to the tablets (will)'. It refers to the procedure where a legal heir unjustly excluded from a will claims the legal 'possession of goods' (bonorum possessio), overriding the provisions of the will. Here it modifies `paternorum libertorum` ('contrary to the will of the father's freedmen').
  3. §38.2.13.prnon per semetipsum, sed per alium — Indicates that the son does not directly acquire the status of heir, but is admitted to the inheritance indirectly through another (a dependent, such as a grandson or slave). This indirect acquisition forms the core of the reasoning that the defect of being disinherited is not cured, and thus he does not recover the right to claim the freedmen's goods.

Cite this passage

Justinian I, The Digest of Justinian §38.2.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.13.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.