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Justinian I · The Digest of Justinian §5.3.8.pr

Right of Intestate Heir after Complying with Void Will

Passage 1004 of 9271 · Latin

Summary

This section states that a person who complied with the deceased's will while being ignorant of its legal validity is not barred from claiming the lawful inheritance.

[PAULUS libro sexto decimo ad edictum. ] §5.3.8.prLegitimam hereditatem uindicare non prohibetur is qui, cum ignorabat uires testamenti, iudicium defuncti secutus est.
[PAULUS, in the sixteenth book on the Edict.] He who, while he was ignorant of the force of the will, followed the judgment of the deceased, is not forbidden to claim the lawful inheritance.

Notes

  1. 5.3.8.prcum ignorabat — The conjunction cum is accompanied by the indicative imperfect ignorabat, expressing the objective temporal or circumstantial background ("when he was ignorant of" or "although he was ignorant of") for the action in the relative clause (secutus est).
  2. 5.3.8.pruires — Accusative plural of uīs. Here it denotes not physical strength but the "legal force" or "validity" of the will.
  3. 5.3.8.priudicium — While typically meaning "judgment" or "trial", here it refers to the "last wish" or "intention" of the deceased (defuncti), specifically the disposition expressed in the will.

Cite this passage

Justinian I, The Digest of Justinian §5.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.8.pr

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