- 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-lat1:5.1.16.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
It presents Julian's view that an action lies against the heir of a judge who made the litigation his own, and notes that this opinion is incorrect and widely criticized.
[IDEM libro quinto ad edictum.]
[THE SAME, in the fifth book on the Edict.]
Iulianus autem in heredem iudicis, qui litem suam fecit,1 putat actionem competere:2 quae sententia uera non est et a multis notata est.3
Julian, however, thinks that an action lies against the heir of a judge who made the litigation his own; which opinion is not correct and has been criticized by many.
- 5.1.16.prqui litem suam fecit
Grammatically, the antecedent of the relative clause could be either the accusative noun 'heredem' (heir) or the genitive noun 'iudicis' (judge) of the main clause. However, in this context, since it is the 'judge' who made the litigation his own (i.e., rendered a wrongful judgment), 'iudicis' is the antecedent.
- 5.1.16.practionem competere
This is an accusative-with-infinitive construction (AcI) serving as the object of the verb 'putat'. In juristic Latin, 'competere' means 'an action lies' or 'is available', and here it is used with the prepositional phrase 'in heredem' (against the heir).
- 5.1.16.prnotata est
The perfect passive of the verb 'notare' (to mark, censure). In juristic discourse, it means that a particular opinion has been 'censured' or 'marked with disapproval' by other jurists.