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Justinian I · The Digest of Justinian §13.1.2.pr

Necessary Heirs and the Liability to Condictio for Theft

Passage 2050 of 9271 · Latin

Summary

Pomponius explains that regarding the obligation of condictio arising from theft, even the insane and infants, who lack capacity to act, are bound by the obligation through inheritance if they become necessary heirs, even if an action cannot be brought against them.

[POMPONIUS libro sexto decimo ad Sabinum. ] §13.1.2.prCondictione ex causa furtiua et furiosi et infantes obligantur, cum heredes necessarii exstiterunt, quamuis cum eis agi non possit.
[POMPONIUS, in his sixteenth book on Sabinus.] Under a condictio on the ground of theft, both the insane and infants are bound when they have become necessary heirs, even though no action can be brought against them.

Notes

  1. §13.1.2.prheredes necessarii — Refers to 'necessary heirs.' In Roman law, these are heirs (such as self-successor heirs or slaves designated as heirs upon manumission) who succeed automatically by operation of law without the power of refusal. Consequently, even the insane (furiosi) and infants (infantes), despite lacking capacity, become heirs and succeed to the liabilities of the deceased.
  2. §13.1.2.pragi non possit — An impersonal passive construction using the passive infinitive agi of the verb agere (to bring an action). Together with cum eis ('against them'), it means 'even though an action cannot be brought against them.' While they cannot be sued directly due to their lack of legal capacity, their substantive obligation (obligatio) is nevertheless established through inheritance.

Cite this passage

Justinian I, The Digest of Justinian §13.1.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.1.2.pr

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