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Justinian I · The Digest of Justinian §42.1.25.pr

Full Liability of Heirs Denied the Benefit of Competence

Passage 6877 of 9271 · Latin

Summary

Paulus explains that the heirs of persons who enjoy the benefit of competence are liable for the whole amount of the debt, not limited to what they are able to perform.

[PAULUS libro sexagensimo ad edictum. ] §42.1.25.prSciendum est heredes earum personarum non in id, quod facere possunt, sed in integrum teneri.
[PAULUS, in the sixtieth book on the Edict.] It should be known that the heirs of those persons are bound not to the extent of what they can perform, but for the whole amount.

Notes

  1. §42.1.25.prpossunt — The subject of the plural verb possunt is heredes. Because the personal privilege of being condemned only to the extent of one's capacity (beneficium competentiae) does not pass to the heirs, they are bound for the whole amount rather than merely what they themselves can perform (in id quod facere possunt).
  2. §42.1.25.prin integrum — The phrase usually means "to the original state" (as in restitution), but here it contrasts with the preceding non in id, quod facere possunt and is used to mean "for the whole amount" or "for the entire liability", synonymous with in solidum.

Cite this passage

Justinian I, The Digest of Justinian §42.1.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.25.pr

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