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Justinian I · The Digest of Justinian §43.2.2.pr

Quorum Bonorum Interdict and Its Limit to Possessors

Passage 7034 of 9271 · Latin

Summary

Defines the scope of the interdict "quorum bonorum", explaining that it does not apply to hereditary debtors but only to possessors of physical things.

[PAULUS libro uicensimo ad edictum. ] §43.2.2.prInterdicto quorum bonorum debitores hereditarii non tenentur, sed tantum corporum possessores.
[PAULUS, on the Edict, book twenty.] By the interdict quorum bonorum, hereditary debtors are not bound, but only the possessors of physical things.

Notes

  1. 43.2.2.prdebitores hereditarii — Refers to those who owed debts to the deceased. Since they are concerned with intangible assets (debts/rights of action), they are excluded from the scope of this interdict, which aims at recovering tangible assets. In contrast, "possessors of physical things" (corporum possessores) refers to those actually possessing specific physical objects belonging to the inheritance, who are the proper subjects of this interdict.
  2. 43.2.2.prtenentur — A passive verb meaning "to be bound" or "to be held liable." The ablative phrase "Interdicto quorum bonorum" at the beginning modifies it as means or cause. In the second clause, "sed tantum corporum possessores", the positive form of "tenentur" is understood.

Cite this passage

Justinian I, The Digest of Justinian §43.2.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.2.2.pr

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