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Justinian I · The Digest of Justinian §11.1.18.pr

Rescission of Judgment and Action against the True Heir

Passage 1764 of 9271 · Latin

Summary

When a co-heir falsely claimed to be the sole heir to protect an absent co-heir and was condemned, but turned out to be insolvent, Proculus answered that the former judgment could be rescinded and an action brought against the true heir, a view which Julianus approves.

[IULIANUS libro quarto ad Urseium Ferocem. ] §11.1.18.prQui ex parte dimidia heres erat cum absentem coheredem suum defendere uellet, ut satisdationis onus euitare possit, respondit se solum heredem esse et condemnatus est: quaerebat actor, cum ipse soluendo non esset, an rescisso superiore iudicio in eum, qui re uera heres erat, actio dari deberet.
[JULIANUS, from the fourth book on Urseius Ferox.] A person who was an heir to a half share, wishing to defend his absent co-heir, answered that he was the sole heir in order to avoid the burden of giving security, and was condemned. The plaintiff, since that person was insolvent, asked whether, the former judgment having been rescinded, an action ought to be granted against him who was in truth the heir.
Proculus respondit rescisso iudicio posse agi, idque est uerum.
Proculus replied that, the judgment being rescinded, an action could be brought, and that is true.

Notes

  1. 11.1.18.prsoluendo — Dative of the gerund (or gerundive) indicating purpose or fitness. The phrase `soluendo esse` is an idiomatic expression meaning "to be solvent" (literally, "to be for paying"), here negated by `non esset` to mean "to be insolvent."
  2. 11.1.18.prposse agi — An accusative with infinitive construction dependent on `respondit`. `agi` is the present passive infinitive of `agere` (to bring an action), used here impersonally, meaning "that an action could be brought."

Cite this passage

Justinian I, The Digest of Justinian §11.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.1.18.pr

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