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Justinian I · The Digest of Justinian §10.2.24.pr-10.2.24.1

Accounting for Lost Items and Scope of the Partition Action

Passage 1661 of 9271 · Latin

Summary

Ulpian states that compensations for things that have ceased to exist are included in the partition (agreeing with Papinian), and that the action for partition of inheritance applies among possessors of goods and honorary successors.

[ULPIANUS libro nono decimo ad edictum. ] §10.2.24.prSed et eius rei, quae in rebus humanis esse desiit, ueniunt praestationes: et ego Papiniano consentio.
[ULPIANUS, On the Edict, book 19] But furthermore, performances also come into account with respect to a thing which has ceased to exist among human affairs; and I agree with Papinian.
§10.2.24.1Familiae erciscundae iudicium et inter bonorum possessores et inter eum cui restituta est hereditas ex Trebelliano senatus consulto et ceteros honorarios successores locum habet.
The action for the division of an inheritance takes place both between possessors of goods and between him to whom an inheritance has been restored under the Trebellian senatusconsult and other honorary successors.

Notes

  1. §10.2.24.prueniunt praestationes — The verb "uenire" is used here in a legal sense meaning "to come into account," "to be included (in an action or settlement)." "praestationes" refers to the performances, compensations, or duties of restoration arising from the loss of the property.
  2. §10.2.24.1Familiae erciscundae iudicium — The "action for the partition of an inheritance." This is a representative legal action under civil law (ius civile) used to divide common inheritance among co-heirs.
  3. §10.2.24.1honorarios successores — The "honorary (or praetorian) successors." They refer to those (such as "bonorum possessores") who are not heirs under the civil law (heredes) but are granted equivalent inheritance rights based on magisterial law (honorary law / edict).

Cite this passage

Justinian I, The Digest of Justinian §10.2.24.pr-10.2.24.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.24.pr-10.2.24.1

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