Humanitext Reader

Justinian I · The Digest of Justinian §4.2.19.pr

Perpetual Nature of Action Against Heirs for Enrichment

Passage 657 of 9271 · Latin

Summary

Gaius explains that the proconsul's promise of an action against an heir, which is limited to the extent of the enrichment received, must be understood as an action granted in perpetuity.

[GAIUS libro quarto ad edictum prouinciale. ] §4.2.19.prQuod autem in heredem eatenus pollicetur actionem proconsul, quatenus ad eum peruenerit, intellegendum est ad perpetuo dandam actionem pertinere.
[GAIUS, Book IV on the Provincial Edict.] As to the fact, however, that the proconsul promises an action against an heir to the extent that property has reached him, this must be understood to relate to the granting of an action in perpetuity.

Notes

  1. §4.2.19.prQuod — The introductory Quod clause acts as a clause of respect ("As to the fact that..."), introducing the topic or legal rule under discussion, which is then qualified by the main verb phrase intellegendum est.
  2. §4.2.19.prad perpetuo dandam actionem pertinere — The phrase consists of pertinere ad ("to relate to" or "to apply to") followed by the gerundive construction dandam actionem (the granting of an action). The adverb perpetuo (in perpetuity/permanently) modifies the gerundive dandam. This indicates that the action against the heir is classified as a perpetual action (actio perpetua), which is not limited by the usual one-year prescription of temporary actions.

Cite this passage

Justinian I, The Digest of Justinian §4.2.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.2.19.pr

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