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Justinian I · The Digest of Justinian §16.1.10.pr

Perpetual Nature and Succession of Restored Actions

Passage 2356 of 9271 · Latin

Summary

Ulpian explains that the actions restored in cases of a woman's intercession are available perpetually both to and against civil law heirs as well as praetorian successors.

[ULPIANUS libro uicensimo nono ad edictum. ] §16.1.10.prHae actiones, quae in eos pro quibus mulier intercessit dantur, et heredibus et in heredes et perpetuo competunt: habent enim rei persecutionem: ceteris quoque honorariis successoribus dabuntur et aduersus eos.
[ULPIAN, On the Edict, book 29] These actions, which are granted against those on whose behalf a woman has interceded, are available both to heirs and against heirs, and permanently; for they have the character of the pursuit of property. They will also be granted to and against other praetorian successors.

Notes

  1. §16.1.10.prrei persecutionem — Meaning 'pursuit of the property (or restitution)'. This refers to the character of an action (rei persecutoria) aimed at recovering lost economic value, in contrast to purely penal actions (actiones poenales) aimed at recovering a penalty. Such actions are transmissible to and against heirs, and are not subject to temporary time-bars (perpetuo competunt).
  2. §16.1.10.prhonorariis successoribus — 'Honorary (or praetorian) successors'. This refers to successors recognized under magisterial law (ius honorarium), such as the possessor of goods (bonorum possessor), as opposed to 'heirs' (heredes) recognized under the civil law (ius ciuile).

Cite this passage

Justinian I, The Digest of Justinian §16.1.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.10.pr

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