Latin
Lines 1.584-1.590
Roman Law and Society, Institutes of Justinian 1.584-590
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3. Sui heredes may become heirs, without their knowledge, and even though insane; for in every case in which inheritances may be acquired without our knowledge, they may also be acquired by the insane. At the death of the father, ownership in an inheritance is at once continued; accordingly, the authority of a tutor is not necessary, as inheritances may be acquired by sui heredes without their knowledge: neither does an insane person acquire by assent of his curator, but by operation of law.
4. But sometimes a child becomes a suus heres, although he was not under power at the death of his parent; as when a person returns from captivity after the death of his father. He is then made a suus heres by the ius postliminii.
5. On the contrary, it may happen that a child who, at the death of his parent, was under his power, is not his suus heres: as when a parent after his decease, is adjudged to have been guilty of treason. and his memory is thus made infamous. He can then have no suus heres, as it is the fiscus that succeeds to his estate. In this case it may be said that there has in law been a sui heres, but that he has ceased to be so.
6. A son, or a daughter, and a grandson or granddaughter by another son, are called equally to the inheritance; nor does the nearer in degree exclude the more remote; for it seems just that grandsons and granddaughters should succeed in the place of their father. For the same reason, a grandson or granddaughter by a son, and a great-grandson or great-granddaughter by a grandson, are called together. And since grandsons and granddaughters, great-grandsons and great-granddaughters, succeed in place of their parent, it appeared to follow that inheritances should not be divided per capita, but per stirpes; so that a son should possess one-half, and the grandchildren, whether two or more, of another son, the other half of the inheritance. So, where there were grandchildren by two sons, one or two perhaps by the one, and three or four by the other, the inheritance will belong half to the grandchild or the two grandchildren by the one son, and half to the three or four grandchildren by the other son.