Ad edictum praetoris libri
Ex libro XLIV
Dig. 22,6,1Paulus libro quadragesimo quarto ad edictum. Ignorantia vel facti vel iuris est. 1Nam si quis nesciat decessisse eum, cuius bonorum possessio defertur, non cedit ei tempus: sed si sciat quidem defunctum esse cognatum, nesciat autem proximitatis nomine bonorum possessionem sibi deferri, aut se sciat scriptum heredem, nesciat autem quod scriptis heredibus bonorum possessionem praetor promittit, cedit ei tempus, quia in iure errat. idem est, si frater consanguineus defuncti credat matrem potiorem esse. 2Si quis nesciat se cognatum esse, interdum in iure, interdum in facto errat. nam si et liberum se esse et ex quibus natus sit sciat, iura autem cognationis habere se nesciat, in iure errat: at si quis (forte expositus) quorum parentium esset ignoret, fortasse et serviat alicui putans se servum esse, in facto magis quam in iure errat. 3Item si quis sciat quidem alii delatam esse bonorum possessionem, nesciat autem ei tempus praeterisse bonorum possessionis, in facto errat. idem est, si putet eum bonorum possessionem accepisse. sed si sciat eum non petisse tempusque ei praeterisse, ignoret autem sibi ex successorio capite competere bonorum possessionem, cedet ei tempus, quia in iure errat. 4Idem dicemus, si ex asse heres institutus non putet se bonorum possessionem petere posse ante apertas tabulas: quod si nesciat esse tabulas, in facto errat.
Paulus, On the Edict, Book XLIV. Ignorance is either of fact or of law. 1For where anyone is not aware that he to the possession of whose property he is entitled is dead, time does not run against him. Where, indeed, he is aware that his relative is dead, but he does not know that his estate belongs to him on account of his being the next of kin, or, where he is aware that he has been appointed an heir, but does not know that the Prætor grants the possession of the property of a deceased person to those who have been appointed his heirs; time will run against him because he is mistaken with respect to the law. The same rule applies where the brother of the deceased thinks that his mother has the preference. 2If anyone does not know that he is related to the deceased, sometimes he is mistaken concerning the law, and sometimes with reference to the fact; for if he is aware that he is free, and who his parents were, but does not know that he is entitled to the rights of relationship, he is mistaken as to the law. Where anyone who is a foundling does not know who his parents are, and serves another as a slave, thinking that he himself is a slave, he is mistaken rather as to the fact than as to the law. 3Moreover, where anyone knows that another is entitled to the possession of the property of an estate, but does not know that the time during which he should have taken possession of the same has elapsed, he is mistaken as to the fact. The same rule applies where he thinks that he has obtained possession of the property. Where, however, he knows that he has not claimed the estate, and that he has allowed the time to elapse, but is ignorant that he is entitled to the possession of the property on the ground of succession, time will run against him because he is mistaken with respect to the law. 4We hold the same where a man is appointed heir to an entire estate, but does not think that he has a right to demand possession of the same before the will is opened; but if he is ignorant that there is a will, he will be mistaken with reference to the fact.
Dig. 29,6,2Paulus libro quadragensimo quarto ad edictum. Si quis dolo malo fecerit, ut testes non veniant, et per hoc deficiatur facultas testamenti faciendi, denegandae sunt actiones ei qui dolo fecerit, sive legitimus heres sit sive priore testamento scriptus. 1Fratris autem factum fratri non nocet. 2Si fidei eius qui dolum admisit commissum est, ut hereditatem restitueret: ea hereditas caduca cum suis oneribus fiet, ut commodum legis Falcidiae fiscus sentiat, dodrantis autem fideicommissarius.
Paulus, On the Edict, Book XLIV. Where anyone acts in bad faith in order to prevent the appearance of witnesses to a will, and by this means the power of making the will is lost, all rights of action shall be refused to the party responsible for the fraud, whether he is the heir-at-law, or was appointed under a former will. 1The act of a brother, however, under these circumstances, does not injure his brother. 2Where he who committed the fraudulent act was charged with the transfer of the estate, it will be forfeited with all liabilities, so that the Treasury will obtain the benefit of the Falcidian Law, and the beneficiary of the trust will receive three-fourths of the estate.
Dig. 38,15,3Paulus libro quadragensimo quarto ad edictum. Circa tempora bonorum possessionis patris scientia ignoranti filio non nocet.
Paulus, On the Edict, Book XLIV. The knowledge of the father with reference to prætorian possession will not prejudice the rights of a son in such a way as to make the prescribed time run against him, if he is not informed.