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Justinian I · The Digest of Justinian §10.2.47.pr-10.2.47.1

Actions and Rights Transfer During Partition Actions

Passage 1685 of 9271 · Latin

Summary

This passage rules on the exercise of rights of action and notices of new work during arbitration in partition actions, the transfer of unimpaired actions and security requirements upon adjudication, and the right of the risk-bearer to bring a theft action if moveables are stolen during the proceedings.

[POMPONIUS libro uicensimo primo ad Sabinum. ] §10.2.47.prIn iudicio familiae erciscundae uel communi diuidundo si, dum res in arbitrio sit, de iure praedii controuersia sit, placet omnes eos, inter quos arbiter sumptus sit, et agere et opus nouum nuntiare pro sua quemque parte posse, et cum adiudicationes ab arbitro fiant, si uni adiudicetur totus fundus, caueri oportet, ut quae ex his actionibus recepta fuerint reddantur aut quae in eas impensae factae fuerint praestentur: et si, cum res in iudicio esset, eo nomine actum non fuerit, eum sequi integram actionem, cui totus fundus adiudicatus fuerit, aut pro quacumque parte adiudicatus erit.
[POMPONIUS, from the twenty-first book on Sabinus.] In an action for the partition of an inheritance or for the division of common property, if, while the matter is under arbitration, a dispute arises concerning the right to an estate, it is accepted that all those between whom the arbiter has been selected can, each in proportion to his own share, both bring an action and give notice of a new work; and when adjudications are made by the arbiter, if the entire estate is adjudicated to one person, security must be given that whatever has been recovered from these actions shall be handed over, or whatever expenses have been incurred in them shall be reimbursed; and if, while the matter was in litigation, no action was brought on that account, the unimpaired action follows him to whom the entire estate has been adjudicated, or in proportion to whatever share it has been adjudicated.
§10.2.47.1Item quae res moueri possint et in ea iudicia ueniant, si interea subreptae sint, furti agere eos, quorum istae res periculo fuerint, posse.
Likewise, if moveables which fall under those actions have been stolen in the meantime, those at whose risk those things were can bring an action for theft.

Notes

  1. §10.2.47.preum sequi integram actionem — The subject accusative of the infinitive `sequi` is `integram actionem` (the unimpaired action), while the accusative `eum` is its object. This accusative with infinitive (A.C.I.) construction is governed by the impersonal verb `placet` at the beginning of the section.
  2. §10.2.47.1furti agere — The genitive of charge `furti` (of theft) is used with the verb `agere` (to bring an action) to mean 'to bring an action for theft.' This infinitive phrase depends on `posse`, which in turn continues the indirect speech construction.
  3. §10.2.47.1quorum istae res periculo fuerint — A construction where the perfect subjunctive `fuerint` is used with the dative of purpose/effect `periculo` (as a risk). The genitive relative pronoun `quorum` refers back to the antecedent `eos`, meaning 'those at whose risk those things were' (i.e., those who bore the risk of loss).

Cite this passage

Justinian I, The Digest of Justinian §10.2.47.pr-10.2.47.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.47.pr-10.2.47.1

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