Humanitext Reader

Justinian I · The Digest of Justinian §44.1.10.pr

Exception of Res Judicata and Defeated Litigant as Heir

Passage 7199 of 9271 · Latin

Summary

Modestinus explains the application of the rule that res judicata between other parties does not prejudice third parties, stating that if a defeated litigant becomes the heir of an unaffected third party, a previous adverse judgment in his own name cannot be pleaded as an exception against him when he sues as heir.

[MODESTINUS libro duodecimo responsorum. ] §44.1.10.prModestinus respondit: res inter alios iudicata aliis non obest, nec si is, contra quem iudicatum est, heres exstiterit ei, contra quem nihil pronuntiatum est, hereditariam ei litem inferenti praescribi ex ea sententia posse, quam proprio nomine disceptans, antequam heres exstiterit, excepit.
[MODESTINUS in the twelfth book of Opinions.] Modestinus replied: a matter decided between some parties does not prejudice others; nor, if a person against whom judgment was given becomes the heir to a person against whom no judgment was pronounced, can an exception be pleaded against him when he brings a suit concerning the inheritance against another party, on the basis of that judgment which he sustained while litigating in his own name before he became the heir.

Notes

  1. §44.1.10.prhereditariam ei litem inferenti — The present participle inferenti (dative singular masculine) is the dative object of praescribi [posse] (an exception can be pleaded against him) and refers to the heir who was previously defeated. The pronoun ei (dative singular), on the other hand, is the dative complement governed by litem inferre (to bring a suit against someone) and refers to the defendant against whom the heir brings the suit.
  2. §44.1.10.prquam proprio nomine disceptans, antequam heres exstiterit, excepit — The relative pronoun quam (accusative singular feminine) takes sententia as its antecedent and is the object of the transitive verb excepit. Here, excipere means 'to receive' or 'to sustain' a judgment, referring to the adverse decision he received when litigating proprio nomine (in his own name).

Cite this passage

Justinian I, The Digest of Justinian §44.1.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.1.10.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.