- 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-lat1:6.1.42.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
Explains that when an action in rem is brought, the possessor's heir is subject to condemnation unless the liability arises from an act strictly personal to the deceased.
[PAULUS libro uicensimo sexto ad edictum.]
[PAULUS, in the twenty-sixth book on the Edict.]
Si in rem actum sit, quamuis heres possessoris, si non persona defuncti commissum sit,1 omnimodo in damnationem ueniet.
If an action in rem has been brought, the heir of the possessor, provided that it has not been committed by the personal act of the deceased, will in any case come under condemnation.
- 6.1.42.prpersona defuncti commissum sit
This conditional clause means 'provided that it has not been committed by the personal act of the deceased.' The noun persona is in the ablative case of means or specification ('in/by the person'). The subject of commissum sit (perfect subjunctive passive of committere) is unexpressed but refers to the act or fault (such as waste or default) that triggers liability. Unless this is strictly personal to the deceased, the heir who succeeds to the possession must also bear the condemnation (damnatio).