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Justinian I · The Digest of Justinian §5.2.14.pr

Priority between Sons and Grandfather in Undue Will Claims

Passage 978 of 9271 · Latin

Summary

In a case where a father emancipated his son but retained his grandson, the emancipated son died having disinherited his two sons and passed over his father. This passage discusses the priority of the lawsuits regarding the inofficious testament between the grandsons and the grandfather.

[PAPINIANUS libro quinto quaestionum. ] §5.2.14.prPater filium emancipauit et nepotem ex eo retinuit: emancipatus suscepto postea filio, duobus exheredatis patre praeterito uita decessit.
[PAPINIANUS in his Fifth Book of Questions.] A father emancipated his son and retained the grandson born of him under his power. The emancipated son, having subsequently begotten another son, died after having disinherited his two sons and passed over his own father in his will.
in quaestione de inofficiosi testamenti praecedente causa filiorum patris intentio adhuc pendet.
In a dispute concerning an inofficious testament, while the case of the sons takes precedence, the father's claim remains pending.
quod si contra filios iudicetur, pater ad querellam uocatur et suam intentionem implere potest.
But if judgment should be given against the sons, the father is called to the complaint and can fulfill his claim.

Notes

  1. 5.2.14.prduobus exheredatis patre praeterito — Two ablative absolute constructions (duobus exheredatis and patre praeterito) are placed side by side to describe the contents of the deceased emancipated son's will. 'Duobus' (the two sons) refers to the grandson who remained under the grandfather's power and the son born after emancipation, while 'patre' (father) refers to the father of the emancipated son (the grandfather).
  2. 5.2.14.prpraecedente causa filiorum — 'praecedente' is an ablative present participle agreeing with 'causa', forming an ablative absolute. It indicates that the lawsuit of the disinherited sons takes legal and procedural precedence over the claim of the grandfather (father) in the dispute over the inofficious testament.
  3. 5.2.14.prcontra filios iudicetur — 'iudicetur' is a third-person singular passive subjunctive used impersonally. Combined with 'contra filios' (against the sons), it means 'if judgment should be given against the sons.'

Cite this passage

Justinian I, The Digest of Justinian §5.2.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.2.14.pr

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