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Justinian I · The Digest of Justinian §40.4.25.pr

Inheritance Acceptance and Testamentary Manumission

Passage 6373 of 9271 · Latin

Summary

Ulpian states the requirements for a testamentary manumission to take effect, which depend on the acceptance of the inheritance at the specified degree of institution and the unconditional nature of the manumission.

[ULPIANUS libro quarto regularum. ] §40.4.25.prTestamento liber esse iussus tum fit liber, cum adita fuerit hereditas qualibet ex parte, si modo ab eo gradu, quo liber esse iussus est, adita fuerit et pure quis manumissus sit.
[ULPIANUS in the fourth book of Rules.] He who has been ordered to be free by a testament becomes free only when the inheritance has been accepted in any part, provided that it has been accepted from that degree in which he was ordered to be free, and he was manumitted unconditionally.

Notes

  1. §40.4.25.prab eo gradu — The "degree (gradus)" refers to the order of institution of heirs in a testament (whether primary instituted heirs or substitute heirs). A testamentary manumission only takes effect if the inheritance is accepted by an heir of that particular degree of institution to which the manumission was attached.
  2. §40.4.25.prpure quis manumissus sit — The adverb `pure` (unconditionally, purely) is a legal technical term indicating that a juristic act (here, manumission) is performed without any condition (condicio) or time limit (dies). `quis` is an indefinite pronoun used instead of `aliquis` following the conditional conjunction `si` (here in `si modo`).

Cite this passage

Justinian I, The Digest of Justinian §40.4.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.4.25.pr

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