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Justinian I · The Digest of Justinian §38.8.8.pr

Succession of Illegitimate Grandchildren to Grandmother

Passage 6038 of 9271 · Latin

Summary

A response of Modestinus stating that grandchildren, even if born out of wedlock, are admitted to the intestate estate of their maternal grandmother.

[IDEM libro quarto decimo responsorum. ] §38.8.8.prModestinus respondit non ideo minus ad auiae maternae bona ab intestato nepotes admitti, quod uulgo quaesiti proponuntur.
[THE SAME, from the fourteenth book of Responses.] Modestinus replied that grandchildren are not any the less admitted to the property of their maternal grandmother on intestacy because they are presented as born out of wedlock.

Notes

  1. §38.8.8.prnon ideo minus ... quod — The construction 'non ideo minus + [accusative with infinitive] + quod-clause' means 'not any the less... because...', establishing a strong affirmation through double negation. Here, it indicates that the grandchildren are nonetheless admitted to the intestate estate of their maternal grandmother, even though they are presented as having been born out of wedlock (uulgo quaesiti).
  2. §38.8.8.pruulgo quaesiti — Literally 'those sought in common', a technical legal term in Roman law referring to children born out of wedlock (illegitimate children) whose father is not legally determined. Since maternal relationship (cognatio) and subsequent inheritance rights exist regardless of legitimacy, they are admitted to their maternal grandmother's estate.

Cite this passage

Justinian I, The Digest of Justinian §38.8.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.8.8.pr

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