← Justinian I

The Digest of Justinian

§5.1.31.pr

Scope of Litigation When Only One Coheir Sues

It explains why, when a plaintiff leaves several heirs and only one of them brings an action, the entire matter is not automatically brought into court.

View ▾
View
Translation
Typeface
AI ↗
← PrevNext →

[CELSUS libro uicensimo septimo digestorum.]

[CELSUS, in the twenty-seventh book of the Digests.]

§5.1.31.pr

​Si petitor plures heredes reliquerit unusque eorum iudicio egerit, non erit uerum totam rem quae in priore iudicio fuerit deductam esse:1 nec enim quisquam alienam actionem in iudicium inuito coherede2 perducere potest.

​If a plaintiff has left several heirs, and one of them has brought an action, it will not be true that the entire matter which was involved in the prior trial has been brought into court; for no one can bring another’s action into court against the will of his co-heir.

Syntax notes2 items
  1. 5.1.31.prtotam rem ... deductam esse

    An accusative with infinitive (AcI) clause acting as the subject of non erit uerum. The clause quae in priore iudicio fuerit is a relative clause modifying totam rem.

  2. 5.1.31.prinuito coherede

    An ablative absolute construction consisting of the noun coherede and the adjective inuito, with the present participle of the verb "to be" implied. It means "against the will of the co-heir" or "the co-heir being unwilling".

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.31.pr