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Justinian I · The Digest of Justinian §10.2.7.pr

Sharing Litigation Benefits with Subsequent Coheirs

Passage 1644 of 9271 · Latin

Summary

Discusses whether an heir who wins a lawsuit while a coherer is under a condition or held by the enemy must share the benefit of the victory, and what choices should be given to the subsequent coherer.

[UENULEIUS libro septimo stipulationum. ] §10.2.7.prSi heres unus, cum sub condicione adiectum coheredem aut apud hostes haberet, dixerit se heredem esse et actione expertus uicerit, deinde condicio heredis exstiterit uel postliminio redierit, an uictoriae commodum debeat cum eo communicare? nam indubitate iudicati actio ei in solidum competit.
[UENULEIUS, Stipulations, book 7] If a sole heir, while having a coherer added under a condition or held by the enemy, should claim that he is the heir and, having tried the case in court, should win, and subsequently the condition of the coherer is fulfilled or he returns by postliminium, must he share the benefit of the victory with him? For undoubtedly the action on the judgment belongs to him in full.
et electionem coheredi dandam, id est aut communicandam eam aut experiundi faciendam potestatem huic, qui post uictoriam coheredis effectus sit heres aut reuersus sit in ciuitatem.
And a choice must be given to the coherer, that is, either that it be shared, or that the opportunity to bring an action be given to this person, who became an heir after the victory of the coherer or returned to the state.
idemque obseruandum, si postea natus sit postumus.
And the same must be observed if a posthumous child is born afterwards.
non enim his personis silentium imputari potest, cum ad hereditatem post uictoriam coheredis peruenerint.
For silence cannot be imputed to these persons, since they arrived at the inheritance after the victory of the coherer.

Notes

  1. §10.2.7.prpost uictoriam coheredis — coheredis is a genitive modifying uictoriam ("the victory of the coherer"). Here, "coherer" refers to the heir who won the lawsuit first, viewed from the perspective of the one who later became an heir.
  2. §10.2.7.prelectionem coheredi dandam — An accusative with gerundive construction with esse omitted (or an independent expression of necessity), expressing a legal determination that "a choice must be given."
  3. §10.2.7.prexperiundi — A genitive gerund of the deponent verb experior ("to bring an action", "to try"), modifying potestatem to mean "the opportunity of bringing an action."

Cite this passage

Justinian I, The Digest of Justinian §10.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.7.pr

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