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Justinian I · The Digest of Justinian §49.17.2.pr

Devolution of a Soldier Son's Peculium by Will or Intestacy

Passage 8620 of 9271 · Latin

Summary

This section explains the difference in the treatment of property upon the death of a son of a family who is a soldier, depending on whether there is a will. If intestate, the property goes to the father as peculium; if there is a will, the military peculium is treated as an inheritance.

[IDEM libro sexagensimo septimo ad edictum. ] §49.17.2.prSi filius familias miles decesserit, si quidem intestatus, bona eius non quasi hereditas, sed quasi peculium patri deferuntur: si autem testamento facto, hic pro hereditate habetur castrense peculium.
[THE SAME AUTHOR in the sixty-seventh book on the Edict.] If a son of a family who is a soldier dies, if indeed intestate, his property is devolved upon the father not as an inheritance, but as peculium; but if he dies having made a will, here the military peculium is held as an inheritance.

Notes

  1. §49.17.2.prsi quidem intestatus — The adjective `intestatus` (intestate) is in the nominative masculine singular, agreeing with the subject of the preceding clause, `filius familias miles`. A verb such as `decesserit` (should die) is implied, expressing the condition 'if indeed he dies intestate'.
  2. §49.17.2.prtestamento facto — An ablative absolute construction consisting of the noun `testamentum` and the participle `factus` in the ablative. It means 'a will having been made', i.e., 'if he dies having made a will'.
  3. §49.17.2.prhic — Here, `hic` is interpreted not as a demonstrative pronoun (since `peculium` is neuter singular, `hic` cannot grammatically agree with it as an adjective), but as an adverb meaning 'here' or 'in this case' (i.e., in the case where a will has been made).

Cite this passage

Justinian I, The Digest of Justinian §49.17.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.17.2.pr

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