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Justinian I · The Digest of Justinian §5.6.1.pr

Fideicommissary Petition for Inheritance

Passage 1069 of 9271 · Latin

Summary

Ulpian discusses the fideicommissary petition for inheritance, which is available to beneficiaries who have received a restored inheritance pursuant to a senatusconsult.

[ULPIANUS libro sexto decimo ad edictum. ] §5.6.1.prEx ordine occurrit actio quae proponitur his, quibus restituta est hereditas.
[ULPIANUS, in the sixteenth book on the Edict.] In the natural order, there occurs the action which is proposed for those to whom an inheritance has been restored.
nam quisquis susceperit restitutam hereditatem ex senatus consulto, ex quo actiones transeunt, fideicommissaria hereditatis petitione uti poterit.
For whoever has received a restored inheritance under the senatusconsult, by virtue of which the actions are transferred, will be able to use the fideicommissary petition for inheritance.

Notes

  1. §5.6.1.prex quo — The antecedent of the relative pronoun quo is senatus consulto. It indicates that by virtue of this senatusconsult (specifically the Senatusconsultum Trebellianum), actions are transferred (transeunt) from the heir to the fideicommissary (the recipient of the restored inheritance).
  2. §5.6.1.prfideicommissaria hereditatis petitione — This phrase is in the ablative case as the object of the deponent verb uti ('to use'). It refers to the 'fideicommissary petition for inheritance,' a legal remedy granted to the fideicommissary analogous to the civil law petition for inheritance (hereditatis petitio).

Cite this passage

Justinian I, The Digest of Justinian §5.6.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.6.1.pr

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