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Justinian I · The Digest of Justinian §39.6.21.pr

Acquisition Mortis Causa by Accepting an Inheritance for Money

Passage 6271 of 9271 · Latin

Summary

This passage states the opinion of most jurists, including Priscus, on whether a person who received money to accept an inheritance takes it mortis causa.

[IDEM libro secundo ad Urseium Ferocem. ] §39.6.21.prEum, qui ut adiret hereditatem pecuniam accepisset, plerique, in quibus Priscus quoque, responderunt mortis causa eum capere.
[THE SAME, from the second book on Urseius Ferox.] In the case of a person who had received money to accept an inheritance, most authorities, among whom was also Priscus, gave the opinion that he takes it mortis causa.

Notes

  1. §39.6.21.prEum ... responderunt mortis causa eum capere — The accusative Eum at the beginning of the sentence is anticipated (prolepsis) with the modifying relative clause qui... and, after the insertion of the main clause plerique... responderunt, is repeated as eum to act as the subject of the infinitive capere. This redundancy serves to clarify the syntactic connection after a parenthetical main clause.
  2. §39.6.21.prut adiret hereditatem — A purpose clause introduced by ut with the imperfect subjunctive adiret, meaning "in order to accept the inheritance". adire hereditatem is a technical legal term in Roman law referring to the formal act of accepting an inheritance by an heir.

Cite this passage

Justinian I, The Digest of Justinian §39.6.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.21.pr

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