- 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-lat1:5.5.1.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
It is explained that, after civil actions were provided for heirs, it was in the proper order of the Edict for the praetor to also take account of those to whom the possession of goods was granted.
[ULPIANUS libro quinto decimo ad edictum.]
[ULPIAN, in the fifteenth book on the Edict.]
Ordinarium1 fuit post ciuiles actiones heredibus propositas rationem habere2 praetorem etiam eorum quos ipse uelut heredes facit,3 hoc est eorum quibus bonorum possessio data est.
It was customary, after civil actions had been provided for heirs, for the praetor to take account also of those whom he himself makes as if they were heirs, that is, of those to whom the possession of goods has been granted.
- 5.5.1.prordinarium
Neut. nom. of the adjective ordinarius (orderly, customary). Here it means not just "commonplace" but "logically or conventionally ordered in the sequence of the Edict," i.e., treating praetorian remedies (bonorum possessio) after civil law actions.
- 5.5.1.prrationem habere
Taking the genitive eorum, meaning "to take account of" or "to have regard for." It refers to the praetor's consideration of their legal standing and granting them legal remedies in judicial practice.
- 5.5.1.pruelut heredes facit
The subject is ipse (the praetor himself). Since the praetor could not create civil law heirs (heredes), this expression denotes that he treated them "as if they were heirs" by granting them the possession of goods (bonorum possessio).