Humanitext Reader

Justinian I · The Digest of Justinian §29.3.3.pr

Heir's Right to Claim Will Tablets and Action for Production

Passage 4505 of 9271 · Latin

Summary

Gaius points out that the heir themselves has the right to claim the tablets of the will, just like any other hereditary assets, and can also bring an action for their production.

[GAIUS libro septimo decimo ad edictum prouinciale. ] §29.3.3.prIpsi tamen heredi uindicatio tabularum sicut ceterarum hereditariarum rerum competit et ob id ad exhibendum quoque agere potest.
[GAIUS, book 17 on the provincial edict] Yet to the heir himself, the vindication of the tablets is competent, just as of all other things belonging to the inheritance, and for this reason he can also bring an action for production.

Notes

  1. 29.3.3.pruindicatio tabularum — The "uindicatio" (vindication) refers to a real action (proprietary claim) for the recovery of a specific thing. The heir can claim the tablets themselves based on ownership or a similar right, just as they can claim other tangible assets of the inheritance.
  2. 29.3.3.prad exhibendum quoque agere — This phrase means "to bring an action for production" (actio ad exhibendum). The preposition "ad" followed by the gerund in the accusative expresses purpose, referring to the personal action to compel the production of a specific thing in court.

Cite this passage

Justinian I, The Digest of Justinian §29.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.3.3.pr

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