Items related to The Institutes of Justinian; with English introduction,...
Synopsis
. 1888 edition. : ...yet the mater ex Tertulliano senatusconsulto mother may be admitted to succeed to admitti. their goods by the senatmcontultum Tertullianum. D. xxxviii. 17. 2. 1. The natural tie is all that is regarded in this case; this is equally strong between the mother and child, whoever may be the father. Tit. IV. DE SENATUSCONSULTO ORPHITIANO. Per contrariurn autem ut liberi ad bona matrum intestatarum admittantur, senatusconsulto Orphitiano effectum est, quod latum est Orphito et Eufo consulibus, divi Marci temporibus. Et data est tam filio quam filis legitima hereditas, etiamsi alieno juri subjecti sunt: et prseferantur et consanguineis et adgnatis defuncte matris. D. xxxviii. 17 Eeciprocally children are admitted to the goods of their intestate mothers by the senatusconttultumOrpJiitianum, made in the consulship of Orphitus and Bufus, in the reign of the Emperor Marcus. By this senatuseonsulium the legal inheritance is given both to the sons and daughters, although in the power of another, and they are preferred to the consanguinei and to the agnati of their deceased mother. 9; C. vi. 57. 1. The mnatusconsidtum Orphitianum was made A.D. 178, in the time of Marcus Aurelius and Commodus. Previously, children could not succeed to their mother, except as cognati. But by this senatusconsultum they were preferred to the consanguinei, that is, the brothers and sisters, natural or adoptive, as well as to all other agnati. 1. Sed cum ex hoc senatusconsulto nepotes ad aviae successionem legitimo jure non vocabantur, postea hoc constitutionibus principalibus emendatum est, ut ad similitudinem filiorum filiarumque et nepotes et neptes vocentur. 1. But since grandsons and granddaughters were not called by this senatuscomultum to the legal succession of their grandmother, the omission was afterwards supplied by the imperial constitutions, so that grandsons and granddaughters are now called to inherit, just as sons and daughters are. C. vi. 55. 9. The...
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