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Justinian I · The Digest of Justinian §3.5.19.pr

Actions for Management and Death in Captivity

Passage 591 of 9271 · Latin

Summary

It provides that if a person dies while being held by the enemy, both the direct and contrary actions for business management are available to and against his successor.

[ULPIANUS libro decimo ad edictum. ] §3.5.19.prSin autem apud hostes constitutus decessit, et successori et aduersus successorem eius negotiorum gestorum directa et contraria competit.
[ULPIANUS, On the Edict, book ten] But if, while in the hands of the enemy, he died, both to his successor and against his successor, the direct and contrary action for business management is available.

Notes

  1. §3.5.19.prapud hostes constitutus — The perfect passive participle `constitutus` modifies the party mentioned in the previous section, functioning here as a circumstantial/temporal participle expressing "while being held or established in the hands of the enemy."
  2. §3.5.19.prdirecta et contraria competit — The adjectives `directa` and `contraria` modify the omitted feminine singular noun `actio` (action), serving as the subject. The verb `competit` is singular either because the two actions are understood individually, or due to agreement by proximity with the nearest subject.

Cite this passage

Justinian I, The Digest of Justinian §3.5.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.19.pr

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