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Justinian I · The Digest of Justinian §48.10.26.pr

Depriving the Heir of a Will-Destroyer of the Inheritance

Passage 8292 of 9271 · Latin

Summary

It discusses the justice of depriving the heir of a person who destroyed his father's will and acted as if the father had died intestate, taking away the entire paternal inheritance.

[MARCELLUS libro trigensimo digestorum. ] §48.10.26.prSi quis patris sui testamentum aboluerit et, quasi intestatus decessisset, pro herede gesserit atque ita diem suum obierit: iustissime tota hereditas paterna heredi eius eripietur.
[MARCELLUS, Digest, Book 30.] If anyone should destroy his father's will and, as if the father had died intestate, act as heir, and thus meet his end, it is most just that the entire paternal inheritance be taken away from his heir.

Notes

  1. §48.10.26.prdecessisset — The subject of the quasi-clause (quasi intestatus decessisset) is the father (pater) who is assumed to have died intestate, whereas the subject of the main conditional clauses (aboluerit, gesserit, obierit) is 'anyone' (quis, the son).
  2. §48.10.26.prpro herede gesserit — 'To act as heir' (pro herede gerere) is a technical legal term in Roman law meaning to demonstrate the intention to accept an inheritance by acting in the capacity of an heir, such as managing or disposing of the estate.

Cite this passage

Justinian I, The Digest of Justinian §48.10.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.10.26.pr

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