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The Digest of Justinian

§10.1.1.pr

Nature of the Boundary Action as a Personal Action

Paulus states that the action for regulating boundaries is a personal action, even though it practically functions in place of a recovery of property (a real action).

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[PAULUS libro uicensimo tertio ad edictum.]

[PAULUS, Book XXIII on the Edict.]

§10.1.1.pr

​Finium regundorum1 actio in personam est, licet2 pro uindicatione rei3 est.

​The action for establishing boundaries is a personal action, although it is in place of the recovery of a thing.

Syntax notes3 items
  1. 10.1.1.prFinium regundorum

    The genitive plural noun finium (of boundaries) agrees with the gerundive regundorum (from rego, to regulate). Together they form a gerundive construction expressing 'the regulation of boundaries', modifying actio (action).

  2. 10.1.1.prlicet

    The concessive conjunction licet (although), which classically takes the subjunctive, is here construed with the indicative est. This syntactic feature is common in juristic and later Latin.

  3. 10.1.1.prpro uindicatione rei

    The preposition pro (in place of, as equivalent to) governs the ablative uindicatione. uindicatio rei (recovery of a thing) represents the typical real action (actio in rem), and this phrase indicates that while the boundary action is technically in personam, it functions practically as a real action.

Translated by Gemini 3.5 Flash (published 2026-07-13) · No revisions to the English translation or the originalurn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.1.1.pr