[PAULUS libro quinquagensimo octauo ad edictum. ] §42.4.4.prSed et is, qui miscuit se, contrahere uidetur.
[PAULUS, in the fifty-eighth book on the Edict.] But he also who has intermeddled [with an inheritance] is deemed to contract.
Justinian I · The Digest of Justinian §42.4.4.pr
Intermeddling in an Inheritance Deemed a Contract
Summary
States that a person who has de facto intermeddled with an inheritance is also deemed to have contracted, similarly to one who formally accepted it.
Notes
- §42.4.4.prmiscuit se — The phrase 'se miscere' (literally 'to mix oneself') is used here as a technical legal term for 'intermeddling with an inheritance' (immistio hereditati). It refers to a situation where an heir (such as a suus heres) interferes with the assets of the estate without formal entry (aditio), which produces the legal effect of liability (being deemed to contract) as if they had accepted the inheritance. It is juxtaposed with 'adiit hereditatem' (entered upon an inheritance) in the preceding fragment 3.3.
Cite this passage
Justinian I, The Digest of Justinian §42.4.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.4.4.pr
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