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Justinian I · The Digest of Justinian §2.13.13.pr

Prescription of Action to Produce and Standing of Heirs

Passage 365 of 9271 · Latin

Summary

This section lays down the one-year limitation of the action, its restricted availability against an heir as defendant, and its active availability to an heir as plaintiff.

[ULPIANUS libro quarto ad edictum. ] §2.13.13.prHaec actio neque post annum neque in heredem nisi ex suo facto dabitur. heredi autem dabitur.
[ULPIAN, On the Edict, book 4] This action will be granted neither after a year nor against an heir, unless arising from his own act; but it will be granted to an heir.

Notes

  1. §2.13.13.prin heredem / heredi — The phrase `in heredem` (preposition `in` + accusative, "against the heir") refers to the heir being sued as a defendant (passive succession of the action), whereas the dative `heredi` ("to the heir") refers to the heir as the plaintiff who can bring the action (active succession). This grammatical contrast highlights the different rules for inheritance on the defense and prosecution sides.
  2. §2.13.13.prnisi ex suo facto — Composed of the conjunction `nisi` ("unless") and the reflexive possessive adjective `suo` referring to the heir. Although grammatically reflexive, `suo` refers not to the subject of the main clause (`actio`), but to the nearest logical subject `heredem`, meaning "unless arising from the heir's own act (or omission)."

Cite this passage

Justinian I, The Digest of Justinian §2.13.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.13.13.pr

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