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NeCede's

Maxim 5.6.14

The heir succeeds to the restitution, not to the penalty.

In restitutionem, non in poenam haeres succedit.

Source: 2 Inst. 198; Jackson; Weisman, 58y Difficulty 2/5 — Approachable

Explanation

An heir inherits the obligation to make restitution for wrongs committed by the ancestor, but does not inherit criminal penalties — punishment is personal and dies with the offender.

Where this applies

  • My father committed a crime — can the courts make me serve his sentence after he dies?
  • The deceased owed restitution to a victim — does the heir have to pay it?

Legal domains

criminalinheritance

Cite this maxim

NeCede Max. 5.6.14 — The heir succeeds to the restitution, not to the penalty. — 2 Inst. 198; Jackson; Weisman, 58y (In restitutionem, non in poenam haeres succedit.)

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