Humanitext Reader

Justinian I · The Digest of Justinian §42.1.29.pr

Extension of Grace Period for Judgment to Heirs

Passage 6881 of 9271 · Latin

Summary

It is provided that the period of grace granted to a judged party for fulfilling an obligation is also granted to their heirs and other successors for the remaining duration, on the ground that this benefit is attached to the cause rather than to the person.

[IDEM libro septimo pandectarum. ] §42.1.29.prTempus, quod datur iudicato, etiam heredibus eius ceterisque qui in locum eius succedunt tribuitur (uidelicet quod ex tempore deest), quia causae magis quam personae beneficium praestituitur.
[THE SAME, in the seventh book of the Pandects.] The time which is given to a judged person is also granted to his heirs and the others who succeed to his place (namely, that which is lacking of the time), because this benefit is established for the cause rather than for the person.

Notes

  1. 42.1.29.priudicato — The masculine singular dative of iudicatus (perfect passive participle of iudicare) used substantively, referring to 'the person judged' (the judgment debtor). It serves as the dative complement of datur.
  2. 42.1.29.prquod ex tempore deest — The relative pronoun quod refers back to tempus in context. The verb deest (from deesse) means 'is lacking' or 'is missing', which together with ex tempore ('from the time') indicates the remaining portion of the allotted time that was not yet exhausted at the time of succession.
  3. 42.1.29.prcausae magis quam personae — Both nouns are in the dative case, depending on praestituitur. Here, causa ('cause' or 'legal case') is contrasted with persona ('person'), signifying an objective legal matter or obligation rather than a personal privilege. Thus, the benefit (beneficium) is attached to the case itself and is transmissible to successors.

Cite this passage

Justinian I, The Digest of Justinian §42.1.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.29.pr

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