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Justinian I · The Digest of Justinian §48.9.8.pr

Inheritance of an Accused Parricide Dying Before Judgment

Passage 8264 of 9271 · Latin

Summary

It regulates the inheritance of a person accused of parricide who dies during the trial, distinguishing between suicide (where the estate goes to the treasury) and other causes of death (by will or intestate succession).

[IDEM libro octauo disputationum. ] §48.9.8.prParricidii postulatus si interim decesserit, si quidem sibi mortem consciuit, successorem fiscum habere debebit: si minus, eum quem uoluit, si modo testamentum fecit: si intestatus decessit, eos heredes habebit, qui lege uocantur.
[THE SAME, On Disputations, Book 8] If a person accused of parricide dies in the meantime, if indeed he laid hands on himself, he must have the treasury as his successor; if not, the person he wished, provided that he made a will; if he died intestate, he shall have those heirs who are called by law.

Notes

  1. §48.9.8.prParricidii postulatus — postulatus (the accused) is a perfect passive participle used substantively. parricidii (of parricide) is a genitive of charge, indicating the crime for which the person was prosecuted.
  2. §48.9.8.prsuccessorem fiscum habere debebit — A double accusative construction where fiscum is the direct object and successorem is the predicative accusative. The subject is the accused, meaning 'he must have the treasury as his successor', which implies the confiscation of his estate by the treasury due to his suicide.
  3. §48.9.8.prsi minus — Meaning 'if not', an elliptical conditional expression negating the preceding condition (sibi mortem consciuit). It refers to cases where the accused died from causes other than suicide (such as natural death).

Cite this passage

Justinian I, The Digest of Justinian §48.9.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.9.8.pr

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