Humanitext Reader

Justinian I · The Digest of Justinian §49.17.1.pr

Father's Inheritance of an Intestate Soldier's Peculium

Passage 8619 of 9271 · Latin

Summary

Ulpian explains that if a soldier son dies intestate and his peculium remains with his father, the father does not become the son's own heir, but rather the heir of those to whom the son was an heir.

[ULPIANUS libro quarto decimo ad edictum. ] §49.17.1.prFilii familias militis si peculium apud patrem remansit sine testamento filio defuncto, pater ipsi heres non fit, sed tamen heres is fiet, quibus filius fuit.
[ULPIANUS in the fourteenth book on the Edict.] If the peculium of a son of a family who is a soldier remains with his father, the son having died intestate, the father does not become heir to him; but nevertheless, he will become the heir of those to whom the son was heir.

Notes

  1. §49.17.1.prFilii familias militis — Filii familias militis is a genitive phrase modifying peculium. It consists of the genitive of the compound noun filius familias (a son in power) and the genitive of miles (soldier), which is militis.
  2. §49.17.1.prfilio defuncto — filio defuncto is an ablative absolute consisting of the ablative of the noun filius and the ablative of the perfect participle defunctus (from defungor, to die), expressing condition or time ('upon the death of the son').
  3. §49.17.1.prquibus filius fuit — The noun heres is omitted as a predicate after filius, so that quibus filius [heres] fuit means 'to whom the son was heir'. The relative pronoun quibus is in the dative plural, and its antecedent (the persons to whom the son was heir) is implied before the relative clause.

Cite this passage

Justinian I, The Digest of Justinian §49.17.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.17.1.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.