Humanitext Reader

Justinian I · The Digest of Justinian §49.14.16.pr

Self-Reporting of Uninheritable Property by Women and Minors

Passage 8537 of 9271 · Latin

Summary

Ulpian interprets the word "whoever" in the rule of the deified Trajan, explaining that both women, who are otherwise prohibited from making accusations, and minors have the right to report themselves regarding estates they cannot inherit.

[ULPIANUS libro octauo decimo ad legem Iuliam et Papiam. ] §49.14.16.prAit diuus Traianus: 'quicumque professus fuerit'. 'quicumque' accipere debemus tam masculum quam feminam: nam feminis quoque, quamuis delationibus prohibentur, tamen ex beneficio Traiani deferre se permissum est.
[ULPIANUS, On the Julian and Papian Law, Book XVIII.] The deified Trajan says: 'whoever has made a declaration.' We must understand 'whoever' as referring to both male and female; for to women also, although they are prohibited from making accusations against others, it is nevertheless permitted by the beneficence of Trajan to report themselves.
nec non illud aeque non intererit, cuius aetatis sit is qui se defert, utrum iustae an pupillaris: nam pupillis etiam permittitur deferre se, ex quibus non capiunt.
Likewise, it will make no difference what age the person who reports himself is, whether of full age or under guardianship; for pupils also are permitted to report themselves regarding those things which they cannot take.

Notes

  1. §49.14.16.praccipere — Used in the sense of "to understand" or "to interpret." Accompanied by the accusative complements 'tam masculum quam feminam' (both male and female), meaning "we must interpret the word 'whoever' as referring to both sexes."
  2. §49.14.16.priustae an pupillaris — The noun 'aetatis' (genitive) is omitted here, corresponding to the preceding 'cuius aetatis sit'. It expresses the alternative: "whether of full legal age (iusta aetas) or of pupillary age (pupillaris aetas)."
  3. §49.14.16.prex quibus non capiunt — The relative pronoun 'quibus' (neuter plural) refers to the inheritances or legacies (such as bona or hereditates) which they (the minors) cannot legally take.

Cite this passage

Justinian I, The Digest of Justinian §49.14.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.16.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.