The Institutes of Justinian With English Introduction
The Institutes of Justinian With English Introduction
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The Lex Jtmui Velleia (Gai. ii. 134), passed in the time of Augustus (763 A,u.c.), provided (1st) that a testator might institute or exclude any one Digitized by Google LIB, n. TIT. XIII.. 185 conceived before l^e date of the testament who should, after the date of the testament, be bom his »uii^ heres in his lifetime, thns giving a new signification to postumus (Ulp. Beg. xxii. 19), and (2ndly) that he might exclude a grandchild, or other descendant, bom before the date of the testament, who m...ight, if the son of the testator died in the testator's lifetime, step into the place of his &ther, and become a suris heres during the testator's lifetime.
Previously such a person could not have been excluded in his capacity of suus lieres, for at the date of the testament he was not in that position, which he only attained subsequently. He could have been instituted before the lex Junta Velleia^ for he was an existing person, and therefore not a persona iiicerta ; but when he became a suus heres^ as it was not in this character that he had been instituted, the testament would have been broken but for the lex Junta VeLleia, (D, xxviii.
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To quickly assess the difficulty of the text, read a short excerpt:
The Lex Jtmui Velleia (Gai. ii. 134), passed in the time of Augustus (763 A,u.c.), provided (1st) that a testator might institute or exclude any one Digitized by Google LIB, n. TIT. XIII.. 185 conceived before l^e date of the testament who should, after the date of the testament, be bom his »uii^ heres in his lifetime, thns giving a new signification to postumus (Ulp. Beg. xxii. 19), and (2ndly) that he might exclude a grandchild, or other descendant, bom before the date of the testament, who m...ight, if the son of the testator died in the testator's lifetime, step into the place of his &ther, and become a suris heres during the testator's lifetime.
Previously such a person could not have been excluded in his capacity of suus lieres, for at the date of the testament he was not in that position, which he only attained subsequently. He could have been instituted before the lex Junta Velleia^ for he was an existing person, and therefore not a persona iiicerta ; but when he became a suus heres^ as it was not in this character that he had been instituted, the testament would have been broken but for the lex Junta VeLleia, (D, xxviii.
What to read after The Institutes of Justinian With English Introduction?
You can find similar books in the "Read Also" column, or choose other free books by Corpus Juris Civilis. Institutiones. [from Old Catalog] to read onlineMoreLess
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