Humanitext Reader

Justinian I · The Digest of Justinian §13.1.9.pr

Liability of Sole and Co-Heirs in the Condictio Furtiva

Passage 2057 of 9271 · Latin

Summary

It explains that in a condictio on the ground of theft, a sole heir is liable for the entire debt rather than just up to the amount inherited, whereas co-heirs are liable only in proportion to their respective shares.

[IDEM libro trigensimo ad edictum. ] §13.1.9.prIn condictione ex causa furtiua non pro parte quae peruenit, sed in solidum tenemur, dum soli heredes sumus, pro parte autem heres pro ea parte, pro qua heres est, tenetur.
[THE SAME, in his thirtieth book on the Edict.] In a condictio on the ground of theft, as long as we are the sole heir, we are liable not for the share that has come to us, but for the whole amount; however, a partial heir is liable for that share for which he is the heir.

Notes

  1. §13.1.9.prpro parte quae peruenit — The antecedent of the relative pronoun `quae` is `parte`. Literally, 'in proportion to the share which has come [to the heir],' referring to the actual portion of the estate received through succession. The text points out that a sole heir is liable for the whole amount (`in solidum`), rather than merely up to the value of the portion they actually acquired.
  2. §13.1.9.prpro parte autem heres — The phrase `pro parte heres` refers to a 'partial heir' (i.e., one of the co-heirs). While the sole heir (`solus heres`) is liable for the whole (`in solidum`), a co-heir is liable only in proportion to the specific share of the inheritance they hold (`pro ea parte, pro qua heres est`).

Cite this passage

Justinian I, The Digest of Justinian §13.1.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.1.9.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.