- 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-lat1:5.3.57.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
The author discusses whether a defendant contesting the same inheritance against two claimants should restore it after one wins, and how the judge should relieve the defeated defendant via security to protect against a potential subsequent judgment for the other claimant.
[NERATIUS libro septimo membranarum.]
[NERATIUS in his seventh book of Parchments.]
Cum idem eandem hereditatem aduersus duos defendit et secundum alterum ex his iudicatum est, quaeri solet, utrum perinde ei hereditatem restitui oporteat, atque1 oporteret, si aduersus alium defensa non esset: ut scilicet si mox et secundum alium fuerit iudicatum, absoluatur is cum quo actum est, quia neque possideat neque dolo malo fecerit, quo minus possideret2 quod iudicio reuictus restituerit: an quia possit et secundum alium iudicari, non aliter restituere debeat quam si cautum ei fuerit, quod aduersus alium eandem hereditatem defendit. sed melius est officio iudicis cautione uel satisdatione uicto mederi,3 cum et res salua sit ei, qui in exsecutione tardior uenit aduersus priorem uictorem.
When the same person defends the same inheritance against two parties, and judgment has been given in favor of one of them, it is commonly asked whether the inheritance ought to be restored to him in just the same way as it would have had to be if it had not been defended against another: so that, of course, if judgment should soon be given in favor of the other as well, the defendant would be acquitted, because he neither possesses nor has acted with malice so as not to possess what he restored after being defeated in court; or whether, since judgment might also be given in favor of the other, he ought not to restore it unless security has been given to him in respect of his defending the same inheritance against another. But it is better, by the office of the judge, to relieve the defeated party by means of a promise or security, since the property is also preserved for him who comes later in execution against the prior victor.
- 5.3.57.prperinde ... atque
A comparative conjunction phrase meaning "just in the same way as." It introduces a subjunctive contrary-to-fact clause ("atque oporteret, si... defensa non esset").
- 5.3.57.prquo minus possideret
A subjunctive clause (imperfect) following a verb of prevention or hindrance. Here, it depends on dolo malo fecerit ("acted with malice so as not to possess...").
- 5.3.57.pruicto mederi
The verb mederi ("to relieve, remedy") governs the dative case, making uicto ("the defeated party") its dative object. officio iudicis is an ablative of means ("by the office of the judge").