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The Digest of Justinian

§5.1.23.pr

Need for a Separate Action for Events after Joinder of Issue

Paulus states that what occurs after the trial has been accepted cannot be considered part of that judgment, and thus a separate demand is required.

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[IDEM libro septimo ad Plautium.]

[THE SAME, in the seventh book on Plautius.]

§5.1.23.pr

​Non potest uideri in iudicium uenisse id quod post iudicium acceptum1 accidisset: ideoque alia interpellatione opus est.

​That which occurred after the acceptance of the trial cannot be deemed to have come into judgment; and therefore another demand is necessary.

Syntax notes1 item
  1. 5.1.23.prpost iudicium acceptum

    This is a so-called 'ab urbe condita' construction, where the preposition post is followed by the noun iudicium and the perfect passive participle acceptum, meaning 'after the trial has been accepted' (i.e., after joinder of issue/litis contestatio).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.23.pr