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Justinian I · The Digest of Justinian §50.17.138.pr-50.17.138.1

Retroactivity of Inheritance and Delict Valuation

Passage 9198 of 9271 · Latin

Summary

This passage states that an inheritance is continuous with the time of death regardless of when it is accepted, and that the valuation of a past delict is never increased by subsequent facts.

[PAULUS libro uicesimo septimo ad edictum. ] §50.17.138.prOmnis hereditas, quamuis postea adeatur, tamen cum tempore mortis continuatur.
[PAULUS, in the twenty-seventh book on the edict.] Every inheritance, although it is accepted afterwards, is nevertheless continuous with the time of death.
§50.17.138.1Numquam crescit ex post facto praeteriti delicti aestimatio.
The assessment of a past delict never increases by a subsequent fact.

Notes

  1. §50.17.138.pradeatur — The third-person singular present subjunctive passive of the transitive verb adire (to enter, to accept). Based on the legal technical expression 'adire hereditatem' (to accept an inheritance), it means that 'omnis hereditas' (every inheritance) is accepted. The subjunctive mood is triggered by the concessive conjunction 'quamuis'.
  2. §50.17.138.1ex post facto — A combination of the preposition 'ex' (from, by) and the ablative neuter singular of the substantivized adjective 'post factum' (a subsequent deed/fact). Meaning 'by a subsequent fact', it expresses the legal principle that the valuation (aestimatio) of a committed delict cannot be retroactively increased by circumstances arising after the occurrence of the delict.

Cite this passage

Justinian I, The Digest of Justinian §50.17.138.pr-50.17.138.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.138.pr-50.17.138.1

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