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Justinian I · The Digest of Justinian §38.2.46.pr

Patron Deceived by a False Will Claiming Possession

Passage 5982 of 9271 · Latin

Summary

Paulus answers that a patron who was deceived into following a false disposition of the testator is not barred from seeking the possession of goods contrary to the will of the freedman.

[IDEM libro tertio responsorum. ] §38.2.46.prPaulus respondit: patronus, qui deceptus falsum iudicium testatoris secutus est, bonorum possessionem contra tabulas testamenti liberti petere non prohibetur.
[THE SAME, in the third book of Responses.] Paulus answered: a patron who, having been deceived, has followed a false judgment of the testator, is not prohibited from seeking possession of goods contrary to the tablets of the will of the freedman.

Notes

  1. §38.2.46.prfalsum iudicium — The term iudicium here refers to the "disposition" or "will" of the testator. Combined with falsum, it indicates a "false or mistaken judgment" induced by deception (deceptus).
  2. §38.2.46.prbonorum possessionem contra tabulas — Refers to the praetorian succession "possession of goods contrary to the tablets of the will" (bonorum possessio contra tabulas), granted to certain close relatives or patrons despite the existence of a civil law will.
  3. §38.2.46.prdeceptus — The perfect passive participle deceptus modifies the relative pronoun qui (with patronus as its antecedent) and functions circumstantially here to express cause ("having been deceived").

Cite this passage

Justinian I, The Digest of Justinian §38.2.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.2.46.pr

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