Theses de hereditatibus, quae ab intestato deferuntur

XCVI.
Furthermore, according to the newest law, if the marriage is without a dowry or donation on account of marriage, and the surviving spouse suffers from poverty, they will succeed to the wealthy pre-deceased spouse, together with common children or those of another marriage, if there are three or fewer, into a fourth; if there are more, into a virile portion.

XCVII.
So, however, that they preserve the ownership for the children of the same marriage. If these do not exist, or if they had none, they will also obtain the dominion of that portion.

XCVIII.
But even if a dowry was given, but it is small, so that the survivor is compelled to suffer from poverty, we believe the same is to be said.

XCIX.
However, no succession is permitted by the law of affinity.

ON THE SUCCESSION OF THE FISCUS.

C.
With all the aforementioned failing, and having no other heirs, the fiscus the public treasury finally succeeds.

COROLLARY.
There is no one who doubts that there were diverse sects of jurists. And one of them was: Can two possess the same thing in full? The Sabinians affirming it, but the Proculians denying it. The opinion of the latter prevailed.