Humanitext Reader

Justinian I · The Digest of Justinian §38.9.2.pr

Prior Cognate's Abstention and Denial of Successorium Edict

Passage 6042 of 9271 · Latin

Summary

It was decided that if a prior cognate had already accepted possession, a subsequent cognate cannot benefit from the successorium edict even if the prior claimant later obtained the faculty of abstaining due to minor age, and thus the vacant property goes to the treasury.

[PAPINIANUS libro sexto responsorum. ] §38.9.2.prInferioris gradus cognatus beneficium edicti successorii non habuit, cum prior ex propria parte possessionem accepisset: nec ad rem pertinuit, quod abstinendi facultatem ob auxilium aetatis prior cognatus acceperat.
[PAPINIANUS, from the sixth book of Responses.] A cognate of a lower degree did not have the benefit of the successorium edict, since the prior claimant had accepted possession from his own class; nor did it matter that the prior cognate had received the faculty of abstaining on account of the relief of age.
igitur fisco uacantia bona recte deferri placuit.
Therefore, it was held that the vacant goods were rightly transferred to the treasury.

Notes

  1. §38.9.2.prcum prior ex propria parte possessionem accepisset — A cum clause with the subjunctive pluperfect accepisset, expressing the cause or circumstances of why the lower-degree cognate did not receive the benefit.
  2. §38.9.2.prquod abstinendi facultatem ob auxilium aetatis prior cognatus acceperat — A noun clause serving as the subject of the impersonal expression nec ad rem pertinuit. The conjunction quod introduces a factual statement with the indicative pluperfect acceperat.
  3. §38.9.2.prabstinendi — Genitive of the gerund from abstinere (to abstain, to refrain from inheriting), which modifies the noun facultatem.
  4. §38.9.2.prdeferri — Present passive infinitive of deferre, forming part of the accusative and infinitive construction (uacantia bona ... deferri) which functions as the subject of the impersonal verb placuit.

Cite this passage

Justinian I, The Digest of Justinian §38.9.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.9.2.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.