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Justinian I · The Digest of Justinian §5.3.14.pr

Scope and Criteria of Hereditary Debtors

Passage 1010 of 9271 · Latin

Summary

Clarifies the scope of a hereditary debtor, stating that it makes no difference whether the debt arises from contract or delict, and includes acts done before the acceptance of the inheritance.

[PAULUS libro uicensimo ad edictum. ] §5.3.14.prSed utrum ex delicto an ex contractu debitor sit, nihil refert.
[PAULUS, in the twentieth book on the Edict.] But whether one is a debtor from a delict or from a contract makes no difference.
debitor autem hereditarius intellegitur is quoque qui seruo hereditario promisit, uel qui ante aditam hereditatem damnum dedit
Moreover, a hereditary debtor is understood to include also him who made a promise to a hereditary slave, or who caused damage before the inheritance was accepted.

Notes

  1. 5.3.14.prante aditam hereditatem — The preposition ante governs the accusative phrase consisting of the noun hereditatem and the perfect passive participle aditam (from the verb adeo, meaning to enter upon or accept) in agreement. This is a dominant participle construction (akin to "ab urbe condita"), literally meaning "before the inheritance having been accepted," but structurally functioning as "before the acceptance of the inheritance" or "before the inheritance was accepted."

Cite this passage

Justinian I, The Digest of Justinian §5.3.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.14.pr

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