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Justinian I · The Digest of Justinian §49.17.5.pr

Acceptance of Inheritance by a Soldier Son without Paternal Consent

Passage 8623 of 9271 · Latin

Summary

It rules that a soldier who is a son of a household can accept an inheritance on his own authority without his father's consent when designated as heir by a fellow soldier or military acquaintance.

[ULPIANUS libro sexto ad Sabinum. ] §49.17.5.prMiles filius familias a commilitone uel ab eo, quem per militiam cognouit, heres institutus et citra iussum patris suo arbitrio recte pro herede geret.
[ULPIANUS in the sixth book on Sabinus.] A soldier who is a son of a household, having been instituted as heir by a fellow soldier or by one whom he came to know through military service, and without the order of his father, will rightly act as heir by his own judgment.

Notes

  1. §49.17.5.prpro herede geret — The phrase pro herede gerere (to act as heir) is a technical term in Roman law, referring to the act of implicitly or explicitly accepting an inheritance by performing administrative or dispositive acts regarding the estate. The main verb geret is in the future tense, indicating legal permission or effect.
  2. §49.17.5.prcitra iussum — The preposition citra governs the accusative (iussum) and is used here in the sense of "without" (sine). Although a son of a household (filius familias) normally requires his father's order (iussum) to accept an inheritance, this is exceptionally waived under the doctrine of camp peculium (peculium castrense).

Cite this passage

Justinian I, The Digest of Justinian §49.17.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.17.5.pr

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