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Justinian I · The Digest of Justinian §11.1.22.pr

Effects of a False Claim of Heirship on Other Creditors

Passage 1768 of 9271 · Latin

Summary

Scaevola rules that a son who falsely claimed to be an heir during an interrogation by the Emperor's procurator cannot be sued on the basis of this answer by other creditors who did not themselves interrogate him in court.

[SCAEUOLA libro quarto digestorum. ] §11.1.22.prProcuratore Caesaris ob debitum fiscale interrogante unus ex filiis, qui nec bonorum possessionem acceperat nec heres erat, respondit se heredem esse: an quasi interrogatoria creditoribus ceteris teneatur? respondit ab his, qui in iure non interrogassent, ex responso suo conueniri non posse.
[SCAEVOLA, from the fourth book of the Digests.] When the procurator of Caesar was conducting an interrogation on account of a fiscal debt, one of the sons, who had neither accepted possession of the property nor was an heir, replied that he was the heir: is he liable to the other creditors as if on an interrogation? He replied that he cannot be sued on the basis of his answer by those who had not interrogated him in court.

Notes

  1. §11.1.22.prProcuratore Caesaris ob debitum fiscale interrogante — An ablative absolute construction with the present participle interrogante, indicating the background circumstance: "while the procurator of Caesar was conducting an interrogation on account of a fiscal debt."
  2. §11.1.22.prquasi interrogatoria — This can be understood as quasi interrogatoria [actione] ("as if by an interrogatory action") or "as if on an interrogation." It asks whether the liability arising from an answer in court extends to other creditors who were not party to the interrogation.
  3. §11.1.22.prex responso suo conueniri non posse — An accusative with infinitive clause serving as the object of respondit, with the subject accusative eum (referring to the son) omitted before the passive infinitive conueniri. The phrase ab his functions as the agent of the passive verb.

Cite this passage

Justinian I, The Digest of Justinian §11.1.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.1.22.pr

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