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Justinian I · The Digest of Justinian §34.9.8.pr

Non-Restoration of Actions Extinguished by Merger

Passage 5313 of 9271 · Latin

Summary

It stipulates that when an heir is divested of an inheritance due to unworthiness, actions that were extinguished by merger are not to be restored.

[IDEM libro nono regularum. ] §34.9.8.prIndigno herede pronuntiato adempta hereditate confusas actiones restitui non oportet.
[THE SAME, in the ninth book of Rules.] When an heir has been declared unworthy and the inheritance has been taken away, actions which have been extinguished by merger ought not to be restored.

Notes

  1. §34.9.8.prIndigno herede pronuntiato — An ablative absolute construction where 'indigno herede' serves as the logical subject of the participle 'pronuntiato', meaning 'when an heir has been declared unworthy'.
  2. §34.9.8.prconfusas actiones — Refers to actions (rights of action) that were extinguished by merger (confusio) due to the creditor and debtor qualities merging in the same person upon succession.

Cite this passage

Justinian I, The Digest of Justinian §34.9.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.8.pr

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