Humanitext Reader

Justinian I · The Digest of Justinian §22.1.2.pr

Restitution of Fruits after Joinder of Issue in Personal Actions

Passage 3162 of 9271 · Latin

Summary

Explains the general rule and its rationale that even in personal actions, the accessory benefits of the property (such as fruits and offspring) must be restored after the joinder of issue.

[IDEM libro sexto quaestionum. ] §22.1.2.prUolgo receptum est, ut, quamuis in personam actum sit, post litem tamen contestatam causa praestetur: cuius opinionis ratio redditur, quoniam quale est, cum petitur, tale dari debet ac propterea postea captos fructus partumque editum restitui oportet.
[THE SAME, Questions, Book 6] It is commonly accepted that, even though a personal action has been brought, the accessory benefits must nevertheless be provided after the joinder of issue; the reason for this opinion is given as being that the thing must be delivered in such a state as it is when it is demanded, and therefore fruits gathered and offspring born afterwards must be restored.

Notes

  1. §22.1.2.prcausa — Here, 'causa' (often 'causa rei') refers not to the cause of action, but to the accessory benefits or everything that would have accrued to the property (such as fruits and offspring) from the time of the joinder of issue. Even in a personal action, these accessories must be restored.
  2. §22.1.2.prpost litem tamen contestatam — This expression uses the 'ab urbe condita' construction (a noun 'lis' with a perfect participle 'contestata' governed by the preposition 'post'), meaning 'after the joinder of issue'. In Roman law, the 'lis contestata' is a crucial procedural milestone that defines the scope of the defendant's liabilities, after which any fruits or accessories must be restored to the plaintiff.
  3. §22.1.2.prquale est, cum petitur, tale — The correlative 'quale... tale' expresses the idea 'in such a state as it is when it is demanded.' The subject of 'est' in the relative clause and 'dari debet' is contextually the object of the lawsuit.

Cite this passage

Justinian I, The Digest of Justinian §22.1.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.2.pr

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