Humanitext Reader

Justinian I · The Digest of Justinian §42.1.43.pr

Division of Judgment Debt Among Co-Defendants

Passage 6895 of 9271 · Latin

Summary

Explains that co-defendants condemned to a single sum in a single judgment are liable in equal shares, and that one who has paid his own share cannot be sued for the shares of the other defendants under the same judgment.

[IDEM libro sexto decimo responsorum. ] §42.1.43.prPaulus respondit eos, qui una sententia in unam quantitatem condemnati sunt, pro portione uirili ex causa iudicati conueniri, et si ex sententia aduersus tres dicta Titius portionem sibi competentem exsoluit, ex persona ceterorum ex eadem sententia conueniri eum non posse.
[THE SAME, in the sixteenth book of Opinions.] Paulus replied that those who have been condemned in a single judgment to a single sum are to be sued on the ground of the judgment in equal shares; and if, under a judgment rendered against three persons, Titius has paid the share belonging to him, he cannot be sued under the same judgment on account of the others.

Notes

  1. §42.1.43.prpro portione uirili — Literally meaning "according to a man's share," this is a legal idiom in Roman law denoting that liability or inheritance is to be divided among co-obligors or co-heirs "in equal shares" or "pro rata."
  2. §42.1.43.prex causa iudicati — Here, iudicati is the genitive of the neuter noun iudicatum (judgment, decided matter). The phrase ex causa iudicati means "on the ground of the judgment debt" or "by virtue of the action on the judgment (actio iudicati)," referring to the legal basis upon which the plaintiff can bring an action to enforce the judgment.
  3. §42.1.43.prex persona ceterorum — The preposition ex here has the meaning of "on account of" or "on the part of," and persona refers to "person" or "legal status." Thus, the phrase means "on account of the other persons," i.e., regarding the liabilities or shares of the other co-defendants.

Cite this passage

Justinian I, The Digest of Justinian §42.1.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.43.pr

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