2.1.204 to 2.1.209

(172) A great difference exists between these two grants of time, for in the common one no days are computed except those during which the party knows that he has been appointed heir, and is able to decide; but where a certain time has been granted, notwithstanding the party may not know that he has been appointed heir, the days are reckoned continuously; and, likewise, if for any reason he is prevented from stating his decision, or, further, if he has been appointed heir under some condition, the time will still continue to be reckoned, and hence it is better and more convenient to make use of the common method. (173) This certain period of computation is called continuous for the reason that the days are reckoned without cessation; but, still, on account of the harshness of this method, the other is ordinarily employed, and hence is styled common. Concerning substitutions. (174) Sometimes, we appoint two or more degrees of heirs in the following manner: "Lucius Titius, be my heir, and make your declaration within the next hundred days after you know of your appointment, and are able to do so; and if you should not announce your decision in this manner, you shall be disinherited. Then you, Mævius, be my heir, and announce your decision within a hundred days, etc." And afterwards we can make as many substitutions as we desire. (175) We are permitted to substitute one or several persons in the place of one; and, on the other hand, to substitute one or several in the place of several. (176) Therefore, where the heir is appointed in the first degree he becomes such by acceptance and the substitute is excluded; if he does not declare his acceptance, he will be excluded, even if he acts as heir, and the substitute will succeed in his stead; and if there are several degrees in succession, the same thing takes place under this rule in every instance.