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Justinian I · The Digest of Justinian §10.4.1.pr

Necessity of the Action for Production and Its Purpose

Passage 1727 of 9271 · Latin

Summary

Explains that the action (for production) is extremely necessary, widely used in daily practice, and was introduced primarily for the sake of vindications.

[ULPIANUS libro uicensimo quarto ad edictum. ] §10.4.1.prHaec actio perquam necessaria est et uis eius in usu cottidiano est et maxime propter uindicationes inducta est.
[Ulpianus in the twenty-fourth book on the Edict.] This action is extremely necessary, and its utility is in daily practice, and it has been introduced especially for the sake of vindications.

Notes

  1. §10.4.1.pruis eius — The noun *uis* originally means "force" or "power," but here it denotes the "practical efficacy" or "utility" that the action possesses.
  2. §10.4.1.prpropter uindicationes — *uindicatio* (action for recovery / vindication) refers to a real action claiming ownership of a property. The action for production (*actio ad exhibendum*) was highly important as a preliminary measure to identify and produce the property before initiating such recovery claims.

Cite this passage

Justinian I, The Digest of Justinian §10.4.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.4.1.pr

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