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Justinian I · The Digest of Justinian §10.4.8.pr

Duty of Possessing Heir to Produce after Defendant Death

Passage 1734 of 9271 · Latin

Summary

If an action for production is brought against a non-possessor who has not acted fraudulently, and upon his death his heir takes possession of the thing, the heir is compelled to produce it. This is analogous to when an heir is compelled to restore a tract of land or a slave claimed under the same title.

[IULIANUS libro nono digestorum. ] §10.4.8.prSi ad exhibendum actum est cum eo, qui neque possidebat neque dolo malo fecerat quo minus possideret, deinde eo defuncto heres eius possidet rem, exhibere eam cogendus erit.
[Julian in the ninth book of the Digests.] If an action for production was brought against someone who neither possessed nor had acted with malice to avoid possessing, and then, upon his death, his heir possesses the thing, the heir will be compelled to produce it.
nam si fundum uel hominem petiero et heres ex eadem caua possidere coeperit, restituere cogitur.
For if I claim a piece of land or a slave, and the heir begins to possess by the same title, he is compelled to restore it.

Notes

  1. §10.4.8.prquo minus possideret — The clause with 'quo minus' and the subjunctive 'possideret' depends on 'fecerat' (which here implies causing an obstacle or hindrance), meaning 'to prevent himself from possessing' or 'to avoid possessing'.
  2. §10.4.8.prcaua — A textual error (typo) in the tradition for 'causa' (cause, title, legal basis). It should be read as 'ex eadem causa', meaning 'by the same title' or 'from the same cause'.

Cite this passage

Justinian I, The Digest of Justinian §10.4.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.4.8.pr

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