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Justinian I · The Digest of Justinian §50.16.116.pr

Interpretation of Son of a Son and Inclusion of Granddaughter

Passage 8930 of 9271 · Latin

Summary

Regarding whether a granddaughter is included in the testamentary expression "son of a son," the author contrasts Labeo's literal interpretation with Proculus's intentional interpretation, and supports Proculus's view that she is included.

[IDEM libro septimo epistularum. ] §50.16.116.pr'Quisquis mihi alius filii filiusue heres sit': Labeo non uideri filiam contineri, Proculus contra.
[THE SAME, in the seventh book of his Epistles.] 'Whoever else, the son or [daughter] of my son, shall be my heir': Labeo thought that a daughter is not considered to be included, Proculus was of the opposite opinion.
mihi Labeo uidetur uerborum figuram sequi, Proculus mentem testantis.
To me, Labeo seems to follow the literal form of the words, Proculus the intention of the testator.
respondit: non dubito, quin Labeonis sententia uera non sit.
He replied: "I have no doubt that Labeo's opinion is not correct."

Notes

  1. 50.16.116.prfilii filiusue — The conjunction -ue ('or') and what it connects is the core of the contextual debate. According to Proculus's interpretation, this represents an ellipsis for 'son (filius) or [daughter (filia)]', or 'son of a son, or [daughter of a son]', whereas Labeo strictly restricts it to the literal 'son of a son'.
  2. 50.16.116.prnon uideri filiam contineri — Accusative with Infinitive (A.C.I.) construction expressing an opinion. A governing verb of saying or thinking (such as *dicit* or *putat*) is omitted, meaning '[Labeo argues that] a daughter does not seem to be included.'
  3. 50.16.116.prnon dubito, quin Labeonis sententia uera non sit — A quin clause with the subjunctive (non sit, present subjunctive) introduced by non dubito ('I do not doubt'). It expresses strong certainty: 'I have no doubt that Labeo's opinion is not true,' meaning Labeo's view is definitely incorrect.

Cite this passage

Justinian I, The Digest of Justinian §50.16.116.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.116.pr

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