- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.13.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
Regarding the three actions for the division of an inheritance, the division of common property, and the regulation of boundaries, where all parties stand on equal footing, this section explains that the party who initiated the action is considered the plaintiff.
[GAIUS libro septimo ad edictum prouinciale.]
[GAIUS in the seventh book on the Provincial Edict.]
In tribus istis iudiciis1 familiae erciscundae, communi diuidundo et finium regundorum quaeritur quis actor intellegatur, quia par causa omnium uidetur. sed magis placuit2 eum uideri actorem qui ad iudicium prouocasset.
In those three actions, namely, for the division of an inheritance, the division of common property, and the regulation of boundaries, it is asked who is to be understood as the plaintiff, because the position of all appears to be equal. But the more accepted view is that he is deemed to be the plaintiff who initiated the proceedings.
- 5.1.13.prtribus istis iudiciis
The three actions mentioned here—for the division of an inheritance, the division of common property, and the regulation of boundaries—are classic examples of "double actions" (iudicia duplicia) in classical Roman law, where both parties act as both plaintiff and defendant. Consequently, unlike ordinary actions, it is difficult to distinguish clearly between the plaintiff (actor) and the defendant (reus), raising the practical question of who should be deemed the plaintiff.
- 5.1.13.prmagis placuit
This is the perfect tense of the impersonal verb placere (to be approved) accompanied by the comparative adverb magis. It is a formulaic expression characteristic of juristic literature, indicating that "the view ... was more widely accepted" or "became the prevailing opinion" after a doctrinal dispute.