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Justinian I · The Digest of Justinian §38.2.40.pr

Reservation of Rights over a Freedman for a Disinherited Son

Passage 5976 of 9271 · Latin

Summary

It is stated that if a father made a provision reserving a disinherited son's right over a freedman, the disinheritance does not affect that right.

[IDEM libro duodecimo ad legem Iuliam et Papiam. ] §38.2.40.prSi pater exheredato filio ita cauit, ut ius in libertum saluum ei esset, nihil ei ad hanc rem nocet exheredatio.
[THE SAME, in the twelfth book on the Lex Julia et Papia.] If a father made provision for his disinherited son in such a way that his right over a freedman should remain unimpaired to him, the disinheriting does not harm him at all in this matter.

Notes

  1. §38.2.40.prexheredato filio ... cauit — The verb `caueo` (to make provision) takes the dative `exheredato filio`, meaning "made provision for the benefit of the disinherited son." This is followed by the `ut` clause of purpose/provision specifying what was reserved.
  2. §38.2.40.prnihil — The pronoun `nihil` (nothing) functions as an adverbial accusative modifying the intransitive dative-governing verb `nocet` (harms), serving as an emphatic negation ("not at all").

Cite this passage

Justinian I, The Digest of Justinian §38.2.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.40.pr

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