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Justinian I · The Digest of Justinian §38.2.38.pr-38.2.38.1

Claims to Freedman's Goods by Disinherited Lineage

Passage 5974 of 9271 · Latin

Summary

The section discusses whether the grandchildren of a disinherited son can claim the possession of a freedman's goods, concluding that they are excluded while under their living father's power to prevent indirect acquisition, but admitted if they become sui iuris. It also notes that if a freedman's son rejects his father's inheritance, this benefits the patron.

[TERENTIUS CLEMENS libro nono ad legem Iuliam et Papiam. ] §38.2.38.prQuaeritur, an filio exheredato etiam nepotes ex eo a bonorum possessione liberti excludantur.
[TERENTIUS CLEMENS, in the ninth book on the Lex Julia et Papia.] The question is raised whether, when a son is disinherited, his own children (grandchildren) are also excluded from the possession of the goods of the freedman.
quod utique sic dirimendum est, ut uiuo filio, donec in potestate eius liberi manent, non admittantur ad bonorum possessionem, ne qui suo nomine a bonorum possessione summouentur per alios eam consequantur, sin autem emancipati a patre fuerint uel alio modo sui iuris effecti, sine aliquo impedimento ad bonorum possessionem admittantur.
This must by all means be decided in this way: that, while the son is living, so long as his children remain under his power, they are not admitted to the possession of goods, lest those who are excluded from the possession of goods in their own name should obtain it through others; but if they have been emancipated by their father or in some other way have become sui iuris, they are to be admitted to the possession of goods without any impediment.
§38.2.38.1Si filius liberti omiserit patris sui hereditatem, hoc patrono proficiet.
If the son of a freedman has rejected the inheritance of his own father, this will benefit the patron.

Notes

  1. §38.2.38.prquod — A relative pronoun at the beginning of the sentence, acting as a transition referring back to the entire content of the preceding question (the clause starting with Quaeritur).
  2. §38.2.38.pruiuo filio — An ablative absolute consisting of a noun and an adjective ("while the son is living"), expressing a condition or time frame which serves as the premise for the main clause's exclusion.
  3. §38.2.38.prqui — A relative pronoun with an omitted antecedent (such as ei or ii). The entire relative clause qui...summouentur serves as the subject of consequantur in the purpose clause starting with ne.

Cite this passage

Justinian I, The Digest of Justinian §38.2.38.pr-38.2.38.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.38.pr-38.2.38.1

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