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Justinian I · The Digest of Justinian §12.2.7.pr

Denial of Action on Sworn Matters and Its Effect on Successors

Passage 1904 of 9271 · Latin

Summary

Ulpian explains the praetorian edict concerning the denial of action for matters about which an oath has been proffered, clarifying that it applies to both the whole or a part of the matter, and extends to the successors of the parties.

[ULPIANUS libro uicensimo secundo ad edictum. ] §12.2.7.prAit praetor: 'Eius rei, de qua iusiurandum delatum fuerit, neque in ipsum neque in eum ad quem ea res pertinet actionem dabo. ' eius rei sic erit accipiendum, siue de tota re siue de parte sit iuratum: nam de eo quod iuratum est pollicetur se actionem non daturum neque in eum qui iurauit neque in eos qui in locum eius cui iusiurandum delatum est succedunt,
[ULPIANUS libro uicensimo secundo ad edictum.] The praetor says: "Concerning that matter about which an oath has been proffered, I will grant no action, neither against the person himself nor against him to whom that matter belongs." "Concerning that matter" is to be understood in this way, whether the oath was taken regarding the whole matter or a part of it: for he promises that, regarding what has been sworn, he will not grant an action, neither against him who swore, nor against those who succeed to the place of him to whom the oath was proffered,

Notes

  1. §12.2.7.prEius rei — The genitive noun phrase `eius rei` functions as an objective genitive modifying `actionem` at the end of the sentence, spanning across the relative clause `de qua... fuerit`. Its position at the beginning emphasizes the scope of the praetorian edict.
  2. §12.2.7.prsit iuratum — An impersonal passive use of the intransitive verb `iurare` (to swear) in the perfect subjunctive (`sit iuratum`), meaning "oath was taken." It is used within the concessive conditional clauses introduced by `siue... siue...` (whether... or...).

Cite this passage

Justinian I, The Digest of Justinian §12.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.2.7.pr

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