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Justinian I · The Digest of Justinian §5.2.3.pr

Meaning of an Undutiful Will and Causes of Disinheritance

Passage 966 of 9271 · Latin

Summary

Marcellus defines the meaning of challenging a will as undutiful and explains that this typically occurs when parents are falsely instigated to disinherit or pass over their children.

[MARCELLUS libro tertio digestorum. ] §5.2.3.prInofficiosum testamentum dicere hoc est allegare, quare exheredari uel praeteriri non debuerit: quod plerumque accidit, cum falso parentes instimulati liberos suos uel exheredant uel praetereunt.
[MARCELLUS in the third book of the Digests.] To declare a will undutiful is to allege the reason why one ought not to have been disinherited or passed over; and this usually happens when parents, being falsely instigated, either disinherit or pass over their own children.

Notes

  1. §5.2.3.prInofficiosum testamentum dicere — dicere is an infinitive used as a noun serving as the subject, and inofficiosum testamentum is its accusative object, meaning 'to declare a will to be undutiful'.
  2. §5.2.3.prnon debuerit — A subjunctive perfect in the indirect question introduced by quare, representing a prior action relative to the main verb est. The subject of the passive infinitives exheredari uel praeteriri is omitted but understood from the context.
  3. §5.2.3.prquod — Neuter singular nominative relative pronoun referring to the entire preceding situation of challenging a will as undutiful, serving as a connecting relative to link the sentences.

Cite this passage

Justinian I, The Digest of Justinian §5.2.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.2.3.pr

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