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Justinian I · The Digest of Justinian §38.8.10.pr

Possession by a Half-Sister Born after the Mother's Renunciation

Passage 6040 of 9271 · Latin

Summary

In response to a query about the estate of a woman who died intestate, it is answered that a daughter (the deceased's half-sister) born after her pregnant mother renounced the inheritance can indeed obtain possession of the property.

[SCAEUOLA libro secundo responsorum. ] §38.8.10.prIntestata reliquit sororem Septiciam diuerso patre natam et praegnatem matrem ex alio marito: quaero, si mater hereditatem repudiauerit, dum adhuc praegnas est, posteaque enixa fuerit Semproniam, an etiam Sempronia bonorum Titiae possessionem accipere possit.
[SCAEUOLA, from the second book of Responses.] A woman died intestate, leaving a sister Septicia born of a different father, and her pregnant mother by another husband. I ask whether, if the mother renounces the inheritance while she is still pregnant, and afterwards gives birth to Sempronia, Sempronia also can obtain possession of the property of Titia.
respondit, si mater hereditate exclusa est, eam quae, ut proponeretur, postea nata est, accipere posse.
He answered that, if the mother has been excluded from the inheritance, she who, as was proposed, was born afterwards, can obtain it.

Notes

  1. §38.8.10.prIntestata reliquit — The subject (the deceased woman, identified as Titia from the subsequent context) is omitted. The adjective intestata (nominative feminine singular of intestatus) acts predicatively with the verb reliquit ('died intestate, leaving...').
  2. §38.8.10.prut proponeretur — Meaning 'as was proposed' or 'as was set forth'. A formulaic expression in juristic responses referring to the premises of the case hypothesized by the questioner (in this case, that Sempronia was born after the mother renounced the inheritance).

Cite this passage

Justinian I, The Digest of Justinian §38.8.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.8.10.pr

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