Humanitext Reader

Justinian I · The Digest of Justinian §41.1.62.pr

Acquisition of Inalienable Things through Universal Succession

Passage 6692 of 9271 · Latin

Summary

Paulus points out, using the examples of dotal land and things of which one lacks the right of trade, that even assets which cannot be alienated individually can pass to an heir and have their ownership acquired through universal succession (inheritance).

[PAULUS libro secundo manualium. ] §41.1.62.prQuaedam, quae non possunt sola alienari, per uniuersitatem transeunt, ut fundus dotalis, ad heredem, et res, cuius aliquis commercium non habet: nam etsi legari ei non possit, tamen heres institutus dominus eius efficitur.
[PAULUS, from the second book of Manuals.] Certain things, which cannot be alienated on their own, pass to the heir by universal succession, such as dotal land, and a thing of which someone does not have the right of trade; for even if it cannot be bequeathed to him as a legacy, nevertheless, having been instituted as heir, he becomes its owner.

Notes

  1. §41.1.62.prper uniuersitatem — Means "as a whole" or "by universal succession". It refers to the comprehensive transfer of an entire estate through inheritance (hereditas), as opposed to the individual alienation of specific assets.
  2. §41.1.62.praliquis... ei — The indefinite pronoun `aliquis` (someone) and the subsequent `ei` (to him) refer to the same person, who in this context lacks the right of trade (commercium) regarding the object, but who nevertheless becomes its owner by being instituted as heir (heres institutus).

Cite this passage

Justinian I, The Digest of Justinian §41.1.62.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.62.pr

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