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Justinian I · The Digest of Justinian §50.17.62.pr

Definition of Inheritance as Universal Succession to Rights

Passage 9122 of 9271 · Latin

Summary

Julianus provides the legal definition of inheritance (hereditas) as a universal succession to the entirety of the rights that the deceased held.

[IULIANUS libro sexto digestorum. ] §50.17.62.prHereditas nihil aliud est, quam successio in uniuersum ius quod defunctus habuerit.
[JULIANUS, in the sixth book of the Digests.] Inheritance is nothing other than succession to the entire right which the deceased possessed.

Notes

  1. §50.17.62.prsuccessio in uniuersum ius — The combination of the preposition `in` and the accusative `uniuersum ius` (the entire right or the totality of legal relations) expresses the objective scope of the noun `successio` (succession). This formulates the concept of "universal succession," as contrasted with succession to individual things (successio in singulas res).
  2. §50.17.62.prhabuerit — The verb in the relative clause introduced by the relative pronoun `quod`, in the perfect subjunctive (or future perfect indicative). Viewed from the present tense of the main clause (est), it expresses a completed state or fact in the past—namely, what the deceased "had possessed" at the time of death (or during their lifetime).

Cite this passage

Justinian I, The Digest of Justinian §50.17.62.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.62.pr

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