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The Digest of Justinian

§2.13.13.pr

Prescription of Action to Produce and Standing of Heirs

This section lays down the one-year limitation of the action, its restricted availability against an heir as defendant, and its active availability to an heir as plaintiff.

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[ULPIANUS libro quarto ad edictum.]

[ULPIAN, On the Edict, book 4]

§2.13.13.pr

​Haec actio neque post annum neque in heredem nisi ex suo facto1 dabitur. heredi2 autem dabitur.

​This action will be granted neither after a year nor against an heir, unless arising from his own act; but it will be granted to an heir.

Syntax notes2 items
  1. 2.13.13.prnisi ex suo facto

    Composed of the conjunction nisi ("unless") and the reflexive possessive adjective suo referring to the heir. Although grammatically reflexive, suo refers not to the subject of the main clause (actio), but to the nearest logical subject heredem, meaning "unless arising from the heir's own act (or omission)."

  2. 2.13.13.prin heredem / heredi

    The phrase in heredem (preposition in + accusative, "against the heir") refers to the heir being sued as a defendant (passive succession of the action), whereas the dative heredi ("to the heir") refers to the heir as the plaintiff who can bring the action (active succession). This grammatical contrast highlights the different rules for inheritance on the defense and prosecution sides.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.13.13.pr