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The Digest of Justinian

§5.1.26.pr

Lawsuits against Envoys Who Inherit and Remedies without Security

Citing Cassius, the text discusses the limitation of lawsuits against an envoy who has entered upon an inheritance, and the remedy of granting possession of the inheritance to legatees and creditors if the envoy fails to provide security.

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[PAULUS libro septimo decimo ad Plautium.]

[PAULUS, in the seventeenth book on Plautius.]

§5.1.26.pr

​De eo autem qui adiit hereditatem Cassius scribit, quamuis Romae adierit hereditatem, non competere1 in eum actionem, ne impediatur legatio, et hoc uerum est. sed nec legatariis datur actio, sed nisi satisdet, mittuntur2 in possessionem rerum hereditariarum: quod et in hereditariis creditoribus dicendum est.

​But regarding a person who has entered upon an inheritance, Cassius writes that, although he has entered upon the inheritance at Rome, an action does not lie against him, lest the embassy be impeded; and this is correct. However, an action is not granted to legatees either, but unless he gives security, they are put into possession of the hereditary property; and this must also be said in the case of hereditary creditors.

Syntax notes2 items
  1. 5.1.26.prnon competere

    An accusative with infinitive construction serving as the object of the main verb scribit, with actionem as its subject. Here competere is used in the sense of an action "lying" or "being competent."

  2. 5.1.26.prnisi satisdet, mittuntur

    The subject of satisdet (gives security) is implied to be the envoy who entered upon the inheritance (eo... qui adiit), whereas the subject of the main verb mittuntur (are put into possession) is the legatariis (legatees) from the preceding clause, indicating a shift in subject between the clauses.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.26.pr