Humanitext Reader

Justinian I · The Digest of Justinian §37.1.10.pr

Ignorance of Law and the Running of Claim Periods

Passage 5719 of 9271 · Latin

Summary

Paulus explains that in the possession of goods, ignorance of the law does not prevent the period from running, and it is sufficient to have general awareness of facts like the death of the deceased, which can be supplemented by consulting experts.

[PAULUS libro secundo ad Sabinum. ] §37.1.10.prIn bonorum possessionibus iuris ignorantia non prodest, quo minus dies cedat, et ideo heredi instituto et ante apertas tabulas dies cedit.
[PAULUS, book 2 on Sabinus.] In the case of possessions of goods, ignorance of the law is of no avail to prevent the period from running, and therefore the period runs for an instituted heir even before the tablets of the will are opened.
satis est enim scire mortuum esse seque proximum cognatum fuisse copiamque eorum quos consuleret habuisse: scientiam enim non hanc accipi, quae iuris prudentibus sit, sed eam, quam quis aut per se habeat aut consulendo prudentiores adsequi potest.
For it is sufficient to know that the deceased has died, that one was the nearest cognate, and that one had the opportunity of consulting those whom one might consult; for "knowledge" is not understood to be that which is possessed by jurists, but that which one either has by oneself or can acquire by consulting those who are more skilled.

Notes

  1. §37.1.10.prquo minus dies cedat — The conjunction "quo minus" is used after expressions of hindering or preventing (here, "non prodest", meaning "it is of no avail to prevent") to mean "from running" or "lest the period run".
  2. §37.1.10.prscientiam enim non hanc accipi — This is an accusative with infinitive construction containing the passive infinitive "accipi" (to be understood/accepted), used in a clause with "enim" to state an objective legal interpretation in indirect speech.

Cite this passage

Justinian I, The Digest of Justinian §37.1.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.1.10.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.