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Justinian I · The Digest of Justinian §46.8.7.pr

Inadmissibility of Ratifying Estate Possession After Death

Passage 7838 of 9271 · Latin

Summary

This section rules that if a person dies after possession of goods was requested without their knowledge, their heir cannot ratify that request even within the prescribed period.

[PAULUS libro tertio sententiarum. ] §46.8.7.prSi is, cui ignoranti petita est bonorum possessio, decesserit, heres eius intra tempora petitionis ratam eam habere non potest.
[PAULUS, Opinions, Book III.] If a person, for whom possession of goods was requested without his knowledge, should die, his heir cannot ratify it within the period for making the request.

Notes

  1. §46.8.7.prcui ignoranti — The dative relative pronoun `cui` (dative of reference/interest) is modified by the dative present participle `ignoranti` in agreement. It expresses the circumstance "without his knowledge" (literally, "to him being ignorant") regarding the request of possession.
  2. §46.8.7.prratam eam habere — An idiomatic expression `ratum habere` meaning "to ratify" or "to hold valid," using the adjective `ratus, -a, -um` and `habere`. The feminine singular accusative `eam` is the direct object referring back to `bonorum possessio`.

Cite this passage

Justinian I, The Digest of Justinian §46.8.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.8.7.pr

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