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Justinian I · The Digest of Justinian §38.7.6.pr

Consanguinity Rights of Children Born Posthumously or After Capture

Passage 6030 of 9271 · Latin

Summary

This section rules that children born after their father's death, capture, or deportation, as well as those under his power at the time of capture or deportation, hold the rights of consanguinity among themselves, even if they do not become his heirs.

[HERMOGENIANUS libro tertio iuris epitomarum. ] §38.7.6.prNati post mortem patris uel post captiuitatem siue deportationem, sed et hi, qui tempore, quo capiebatur uel deportabatur pater, in potestate fuerunt, ius inter se consanguinitatis habent, etsi heredes patri non extiterint, sicuti exheredati.
Those born after the death of their father or after his capture or deportation, and also those who, at the time the father was captured or deported, were under his power, have the right of consanguinity among themselves, even if they have not become heirs to their father, just as those who are disinherited.

Notes

  1. §38.7.6.prsicuti exheredati — This comparative phrase modifies the concessive clause starting with 'etsi', indicating that just as children formally disinherited (exheredati) by a will do not become heirs to their father but still retain their rights of consanguinity (consanguinitas) among siblings, so too do the children mentioned here retain such rights even if they do not actually become heirs.

Cite this passage

Justinian I, The Digest of Justinian §38.7.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.7.6.pr

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