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Justinian I · The Digest of Justinian §50.17.6.pr

Intent to Transfer Inheritance and Lack of Heirship Intent

Passage 9066 of 9271 · Latin

Summary

Ulpian explains that a person who wishes to transfer an inheritance to another is deemed not to have the intention of becoming the heir themselves.

[ULPIANUS libro septimo ad Sabinum. ] §50.17.6.prNon uult heres esse, qui ad alium transferre uoluit hereditatem.
[ULPIANUS, in his seventh book on Sabinus.] He who has wished to transfer the inheritance to another does not wish to be the heir.

Notes

  1. §50.17.6.prheres esse — The noun "heres" is in the nominative singular as the complement of the infinitive "esse". Since the subject of the main verb "uult" (the omitted third-person singular antecedent of "qui") and the logical subject of the infinitive are identical, the nominative (nominative with infinitive) is used instead of the accusative.
  2. §50.17.6.prqui ad alium transferre uoluit hereditatem — The antecedent of the relative pronoun "qui" (such as "is") is omitted, serving as the subject of the main clause to form a general proposition ("he who..."). Furthermore, the verb in the relative clause is in the perfect tense ("uoluit"), while the main verb is in the present tense ("uult"), implying that the prior desire to transfer the property results in the present lack of intent to be the heir.

Cite this passage

Justinian I, The Digest of Justinian §50.17.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.6.pr

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