Humanitext Reader

Justinian I · The Digest of Justinian §11.2.1.pr

Same Judge and Venue for Multiple Actions of Division

Passage 1769 of 9271 · Latin

Summary

Pomponius states that the same judge should be chosen when multiple actions of division or boundary regulation are disputed among the same parties, and that all parties must meet in the same place to facilitate their gathering.

[POMPONIUS libro tertio decimo ad Sabinum. ] §11.2.1.prSi inter plures familiae erciscundae agetur et inter eosdem communi diuidundo aut finium regundorum, eundem iudicem sumendum: praeterea, quo facilius coire coheredes uel socii possunt, in eundem locum omnium praesentiam fieri oportet.
[POMPONIUS, from the thirteenth book on Sabinus.] If a suit for division of an inheritance is brought among several persons, and a suit for division of common property or for regulation of boundaries is brought among the same persons, the same judge must be chosen. Moreover, so that the co-heirs or partners can meet more easily, it is necessary that all of them be present in the same place.

Notes

  1. 11.2.1.prfamiliae erciscundae ... communi diuidundo ... finium regundorum — These refer to specific legal actions: the division of an inheritance (iudicium familiae erciscundae), the division of common property (iudicium communi dividundo), and the regulation of boundaries (iudicium finium regundorum). An ablative like iudicio (by the action of) is understood to be omitted, or they function adverbially in connection with the impersonal passive agetur (action is brought).
  2. 11.2.1.prsumendum — This is an indirect statement (accusative and infinitive construction) with esse omitted from sumendum esse. The subject accusative is eundem iudicem. The infinitive is used because a governing verb of speaking (such as Pomponius ait, "Pomponius says") is understood.
  3. 11.2.1.prquo facilius ... possunt — Although clauses of purpose with a comparative (quo = ut eo) normally take the subjunctive, the indicative (possunt) is used here. This emphasizes the actual, realistic possibility of the co-heirs being able to meet.

Cite this passage

Justinian I, The Digest of Justinian §11.2.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.2.1.pr

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