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Justinian I · The Digest of Justinian §38.8.2.pr

Possession of Goods for Cognates through Natural Equity

Passage 6032 of 9271 · Latin

Summary

The proconsul, based on natural equity, promises the possession of goods to all cognates regardless of their civil law status, discussing the cognatic relationship of children born out of wedlock and those born of a manumitted pregnant woman.

[GAIUS libro sexto decimo ad edictum prouinciale. ] §38.8.2.prHac parte proconsul naturali aequitate motus omnibus cognatis promittit bonorum possessionem, quos sanguinis ratio uocat ad hereditatem, licet iure ciuili deficiant.
[GAIUS on the Provincial Edict, book sixteen.] In this part, the proconsul, moved by natural equity, promises the possession of goods to all cognates whom the principle of blood relationship calls to the inheritance, even though they are deficient under the civil law.
itaque etiam uulgo quaesiti liberi matris et mater talium liberorum, item ipsi fratres inter se ex hac parte bonorum possessionem petere possunt, quia sunt inuicem sibi cognati, usque adeo, ut praegnas quoque manumissa si pepererit, et is qui natus est matri et mater ipsi et inter se quoque qui nascuntur cognati sint.
Therefore, even children conceived out of wedlock can petition for the possession of goods of their mother, and the mother for that of such children, and likewise brothers and sisters themselves among themselves can petition for the possession of goods under this part, because they are mutually cognates to one another, to such an extent that if a pregnant woman is manumitted and gives birth, both he who is born is a cognate to his mother and the mother to him, and those who are born are also cognates among themselves.

Notes

  1. §38.8.2.pruulgo quaesiti — A legal idiom (literally "sought commonly") referring to children born out of wedlock, i.e., illegitimate children.
  2. §38.8.2.prmatris ... talium liberorum — The genitives matris and talium liberorum depend on the noun bonorum possessionem (implied in the first part from the second part of the clause), expressing "children [can petition for the possession of goods] of their mother, and the mother [can petition for that] of such children."
  3. §38.8.2.prut ... cognati sint — A consecutive clause introduced by usque adeo, ut... with the subjunctive verb sint. The subjects are threefold, connected by et... et... et...: is qui natus est, mater, and qui nascuntur.

Cite this passage

Justinian I, The Digest of Justinian §38.8.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.8.2.pr

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