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Justinian I · The Digest of Justinian §37.1.14.pr

Accusation of Forged Will and Possession Recognition

Passage 5723 of 9271 · Latin

Summary

It explains that when a relative accuses and proves a false testament over a long period, even if the time limit for petitioning for possession has passed, they are still deemed to have acknowledged the succession because their legal action was intended to preserve their rights.

[PAPINIANUS libro tertio decimo quaestionum. ] §37.1.14.prCum quidam propinquus falsum testamentum accusaret ac post longum spatium temporis probasset, licet dies ei petendae possessionis, quam forte certus accusationis petere debuit, cessisse uidetur, attamen quia hoc proposito accusationem instruit, ut suum ius sibi seruet, adgnouisse successionem non inmerito uidebitur.
[PAPINIANUS, book 13 of Questions.] When a certain relative accused a false testament and, after a long period of time, proved it, although the period for him to petition for possession—which he perhaps ought to have petitioned for, being certain of his accusation—seems to have passed, nevertheless, because he conducts the accusation with this purpose, namely, to preserve his right for himself, he will not undeservedly be deemed to have acknowledged the succession.

Notes

  1. §37.1.14.prcessisse — The perfect infinitive of cedere. While the legal Latin phrase 'dies cedit' often means 'the period begins to run', here, introduced by 'licet' (although), it is understood to mean that the time limit for petitioning has 'expired' or 'passed'. Even if the former interpretation is adopted, it practically implies the expiration of the deadline under these circumstances.
  2. §37.1.14.prquam — The relative pronoun in the accusative feminine singular. Its antecedent is possessionis in the preceding genitive phrase, serving as the direct object of petere (to petition for possession) within the relative clause.
  3. §37.1.14.prcertus accusationis — The adjective certus governs the genitive accusationis (of the accusation), meaning 'certain of the accusation' or 'confident in his accusation'. It functions participially, modifying the subject (quidam propinquus).

Cite this passage

Justinian I, The Digest of Justinian §37.1.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.1.14.pr

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