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Justinian I · The Digest of Justinian §38.2.19.pr-38.2.19.1

Failed Forgery Claims and Possession Contrary to Will

Passage 5955 of 9271 · Latin

Summary

The text discusses the denial of the possession of goods contrary to the will for a patron who unsuccessfully alleged the will was forged, and the bar against claiming such possession if the patron was instituted for their due portion from the outset.

[ULPIANUS libro quarto disputationum. ] §38.2.19.prSi patronus ex minore parte quam legitima heres institutus falsum testamentum dixisset nec optinuisset, non est ambiguum contra tabulas ei non deferri bonorum possessionem, eo quod facto suo perdidit hereditatem, cum temere falsum dixit.
[ULPIANUS, in the fourth book of Disputations.] If a patron, having been instituted heir for a smaller share than the lawful portion, should allege that the will is forged and fail to prove it, there is no doubt that the possession of goods contrary to the tablet of the will is not granted to him, because he lost the inheritance by his own act when he rashly alleged the forgery.
§38.2.19.1Quod si ex debita parte fuerit institutus, siue adiit siue non, contra tabulas bonorum possessione repellitur, quasi debitam sibi portionem acceperit. nec poterit contra tabulas bonorum possessionem petere.
But if he was instituted for the portion due to him, whether he entered upon the inheritance or not, he is barred from the possession of goods contrary to the tablet of the will, as if he had received the portion due to him; nor will he be able to claim the possession of goods contrary to the tablet of the will.

Notes

  1. §38.2.19.prfalsum testamentum dixisset nec optinueset — The phrase falsum dicere is a legal idiom meaning "to allege or accuse that a will is forged." The verb nec optinuisset (from obtineo) indicates that the allegation or claim was not sustained in court (i.e., the patron lost the lawsuit).
  2. §38.2.19.preo quod facto suo perdidit hereditatem — The conjunction eo quod introduces the reason. If a patron brings an unsuccessful accusation of forgery against the will, as a penalty for the rash accusation, they forfeit (perdere) the inheritance (hereditas) that they would otherwise have received, due to their own wrongful act (factum suum).
  3. §38.2.19.1siue adiit siue non — The verb adiit is the third-person singular perfect indicative of adeo (in the phrase adire hereditatem, to enter upon or accept an inheritance). It indicates that whether or not the patron actually accepted the inheritance, as long as the testamentary institution satisfied their due portion, they are barred from claiming the possession of goods contrary to the will (bonorum possessio contra tabulas).

Cite this passage

Justinian I, The Digest of Justinian §38.2.19.pr-38.2.19.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.19.pr-38.2.19.1

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