# Institutes of Gaius 2.1.158-162

Roman Law and Society, Institutes of Gaius, 2.1.158 to 2.1.162. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/2.1.158

(134) Therefore, to avoid my will being broken in this way, just as I must appoint either my son my heir, or expressly disinherit him, otherwise my will will not be valid; so it is necessary for me to appoint my grandson or granddaughter my heir, or disinherit them; lest, if my son should die during my lifetime, my said grandson or granddaughter, by succeeding to his place, may break my will in the same way as if they had been posthumous children. This is provided by the Lex Junia Vellæa , in which the method of disinheritance is prescribed, that is to say, posthumous children of the male sex shall be expressly [1] Original manuscript illegible. disinherited, and those of the female sex shall be disinherited expressly, or generally with others; provided, however, that something is bequeathed to those who are disinherited with others. (135) It is not necessary for children emancipated by the Civil Law to either be appointed heirs, or disinherited, for the reason that they are not proper heirs. The prætor, however, orders all children of both sexes to be disinherited if they are not appointed heirs; if they are of the male sex they must be expressly mentioned, and if of the female sex they must either be expressly mentioned, or disinherited among others; and if they are neither appointed heirs nor disinherited the prætor, as we have stated above, promises to grant them possession of the estate in opposition to the terms of the will. (135a) Children who have been granted Roman citizenship along with their father, are not subject to his authority, if at the time citizenship was granted or afterwards, the father did not petition to retain them under his control — and the rule is the same if he did petition but did not succeed — for children who are placed under the control of their father by the Emperor differ in no respect from those who are subject to his authority from their birth.

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.