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Justinian I · The Digest of Justinian §44.2.28.pr

Plea of Res Judicata Against a Successor in Ownership

Passage 7241 of 9271 · Latin

Summary

The passage explains that the defense of res judicata operates against a successor who acquired ownership from a predecessor who was a party to the prior lawsuit.

[PAPINIANUS libro uicensimo septimo quaestionum. ] §44.2.28.prExceptio rei iudicatae nocebit ei, qui in dominium successit eius qui iudicio expertus est.
[PAPINIANUS, Questions, book twenty-seven] The defense of res judicata will be prejudicial to him who succeeded to the ownership of the person who had contested the matter in court.

Notes

  1. §44.2.28.priudicio expertus est — The perfect tense of the deponent verb experior (to try, experience). In legal texts, when paired with the ablative iudicio, it carries the technical meaning of 'to go to law', 'to sue', or 'to contest in court'.
  2. §44.2.28.preius — A demonstrative pronoun (genitive singular masculine) serving as the antecedent of the relative pronoun qui. It is a genitive depending on dominium ('the ownership of him'), which forms part of the prepositional phrase in dominium governed by successit.

Cite this passage

Justinian I, The Digest of Justinian §44.2.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.2.28.pr

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