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Justinian I · The Digest of Justinian §2.15.14.pr

Claims of Creditors Following Compromise Between Heirs

Passage 443 of 9271 · Latin

Summary

Scaevola discusses whom creditors can sue after a compromise between a legal and an appointed heir, distinguishing between creditors who participated in the compromise and other third-party creditors.

[SCAEUOLA libro secundo responsorum. ] §2.15.14.prControuersia inter legitimum et scriptum heredem orta est eaque transactione facta certa lege finita est: quaero creditores quem conuenire possunt? respondit, si idem creditores essent, qui transactionem fecissent, id obseruandum de aere alieno, quod inter eos conuenisset: si alii creditores essent, propter incertum successionis pro parte hereditatis, quam uterque in transactione expresserit, utilibus actionibus conueniendus est.
[SCAEVOLA in the second book of Responses.] A dispute arose between the legal heir and the appointed heir, and, a compromise having been made, it was ended under a certain term. I ask: whom can the creditors sue? He answered: if the creditors were the same persons who had made the compromise, that which had been agreed between them concerning the debt must be observed; if they were other creditors, because of the uncertainty of the succession, each of them must be sued by analogous actions for the share of the inheritance which each of them specified in the compromise.

Notes

  1. §2.15.14.preaque transactione facta certa lege finita est — The pronoun ea, referring to the preceding feminine singular noun controuersia, is the subject. transactione facta is an ablative absolute ('a compromise having been made'), and certa lege is an ablative of means or circumstance ('under a certain term') modifying the verb finita est.
  2. §2.15.14.prconueniendus est — Although the verb and gerundive are singular, the subject is uterque ('each of the two') found in the relative clause. This subject within the relative clause functions as the subject of the passive periphrastic conjugation in the main clause (or modifies an implied pronoun eum).

Cite this passage

Justinian I, The Digest of Justinian §2.15.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.15.14.pr

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