Legal Definitions - incerta persona

Definition: Incerta persona (in-suhrt-uh puhrr-soh-nuh) is a Latin term used in Roman law to refer to a person or corporate body that could not inherit property. This could be because their existence was uncertain or because the testator could not identify them by name. For example, the first person to appear at the testator's funeral.

Example: Under Justinian, gifts of all kinds could be made to incertae personae. This means that a person could leave property to a group of people who were not specifically named, but who were expected to be present at a certain event, such as a funeral.

Explanation: The example illustrates how incerta persona was used in Roman law to allow for gifts to be made to groups of people who were not specifically named. This could include people whose existence was uncertain or who could not be identified by name. By allowing for gifts to be made to incertae personae, Roman law was able to accommodate situations where it was difficult to identify specific individuals who should inherit property.