Humanitext Reader

Justinian I · The Digest of Justinian §50.16.70.pr

Scope of the Term Heir and Universal Successors

Passage 8884 of 9271 · Latin

Summary

Paulus explains that the legal term 'heir' generally includes heirs through multiple successions, with few exceptions, and that the phrase 'he to whom the matter belongs' refers to anyone who succeeds to universal ownership under civil or praetorian law.

[PAULUS libro septuagensimo tertio ad edictum. ]
[PAULUS, on the Edict, book 73.] It must be known that the term 'heir' is accepted even through many successions.
§50.16.70.prSciendum est heredem etiam per multas successiones accipi. nam paucis speciebus 'heredis' appellatio proximum continet, ueluti in substitutione impuberis 'quisquis mihi heres erit, idem filio heres esto', ubi heredis heres non continetur, quia incertus est.
For in only a few cases does the designation of 'heir' include the nearest one, as for example in the substitution of an impuber: 'whoever shall be heir to me, let the same be heir to my son', where the heir of the heir is not included, because he is uncertain.
item in lege Aelia Sentia filius heres proximus potest libertum paternum ut ingratum accusare, non etiam si heredi heres exstiterit.
Likewise, under the Lex Aelia Sentia, a son who is the nearest heir can accuse his father's freedman of being ungrateful, but not also if he has become the heir to the heir.
idem dicitur in operarum exactione, ut filius heres exigere possit, non ex successione effectus.
The same is said regarding the exaction of services, namely, that a son who is an heir can exact them, but not one who has become such from a subsequent succession.
uerba haec 'is ad quem ea res pertinet' sic intelleguntur, ut qui in uniuersum dominium uel iure ciuili uel iure praetorio succedit, contineatur.
These words 'he to whom the matter belongs' are understood in this way, namely, that he who succeeds to the universal ownership either by civil law or by praetorian law is included.

Notes

  1. §50.16.70.praccipi — The passive infinitive `accipi` is used here in the sense of 'to be understood' or 'to be accepted'. Along with its accusative subject `heredem`, it forms an accusative with infinitive (AcI) clause which serves as the subject of the impersonal phrase `sciendum est`.
  2. §50.16.70.prnon ex successione effectus — `effectus` is the perfect passive participle of `efficere` (to produce, make), here modifying an implied `heres` (heir) or substantively representing that status. Literally meaning 'not produced from succession', it excludes those who became heirs through a chain of subsequent successions, as opposed to a son who directly succeeded his father.
  3. §50.16.70.prut qui in uniuersum dominium uel iure ciuili uel iure praetorio succedit, contineatur — This is an `ut` clause corresponding to `sic intelleguntur` ('are understood in such a way, that...'), defining the specific substance of the understanding. `contineatur` is in the third-person singular present subjunctive passive.

Cite this passage

Justinian I, The Digest of Justinian §50.16.70.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.70.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.