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Justinian I · The Digest of Justinian §44.4.13.pr

Rights of Disinherited Children on Will Failure and Fraud

Passage 7276 of 9271 · Latin

Summary

On the preservation of the rights of disinherited children and the non-applicability of the exception of fraud if the will is broken, and the extension of this rule to their heirs and children.

[PAULUS libro quarto decimo quaestionum. ] §44.4.13.prLiberis exheredatis, qui nihil ex patris iudicio meruerunt, rupto testamento ius suum conseruandum est, nec opponetur doli mali exceptio.
[PAULUS in the fourteenth book of Questions.] For disinherited children, who have obtained nothing from their father's judgment, if the will is broken, their right must be preserved, and the exception of fraud will not be opposed.
quod non solum in persona eorum, sed in heredibus in persona liberorum quoque eorum optinendum est.
This must be maintained not only in their own person, but also in their heirs, and in the person of their children as well.

Notes

  1. §44.4.13.prliberis exheredatis — Dative of benefit (dativus commodi) with conseruandum est (gerundive + est), meaning "for the disinherited children." It can also be interpreted as a dative of agent (dativus auctoris).
  2. §44.4.13.prpatris iudicio — Here iudicium refers not to a court judgment, but to the final expression of will by the deceased (the father), namely, the testamentary disposition.
  3. §44.4.13.prrupto testamento — Ablative absolute consisting of the noun testamento and the participle rupto. It expresses the condition "if the will is broken" (rendered void or revoked by subsequent events).
  4. §44.4.13.prquod — A relative pronoun used at the beginning of a sentence as a relative connection (conexio relativa), referring to the entire preceding statement (the rule that the right of the disinherited children is preserved and the exception of fraud is not opposed).

Cite this passage

Justinian I, The Digest of Justinian §44.4.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.4.13.pr

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