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Justinian I · The Digest of Justinian §42.6.7.pr

Separation Rights of Creditors Suing the Heir

Passage 6996 of 9271 · Latin

Summary

It is established that creditors who have initiated lawsuits against the heir can still obtain a separation of goods as if they were creditors of the estate, since they did so out of necessity.

[MARCIANUS libro secundo regularum. ] §42.6.7.prQui iudicium dictauerunt heredi, separationem quasi hereditarii possunt impetrare, quia ex necessitate hoc fecerunt.
[MARCIANUS, Rules, Book 2] Those who have initiated legal proceedings against the heir can obtain a separation of goods just as if they were creditors of the estate, because they did this out of necessity.

Notes

  1. §42.6.7.priudicium dictauerunt — The expression 'iudicium dictare' refers in Roman law to the plaintiff's act of dictating or proposing the formula (pleadings) to the defendant to formally initiate a trial. Here it means that the creditors initiated legal proceedings against the heir.
  2. §42.6.7.prquasi hereditarii — The masculine plural nominative adjective 'hereditarii' (of the inheritance) is used substantively here, or with 'creditores' (creditors) understood, meaning 'as if they were creditors of the estate'. It implies that although they had joined issue with the heir, they did not lose their preferential status to demand separation, since they did so out of necessity.

Cite this passage

Justinian I, The Digest of Justinian §42.6.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.6.7.pr

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