[IDEM libro quinto de censibus. ] §44.7.26.prOmnes poenales actiones post litem inchoatam et ad heredes transeunt.
[THE SAME, from his fifth book on Censuses.] All penal actions, after the suit has been commenced, pass also to the heirs.
Justinian I · The Digest of Justinian §44.7.26.pr
Transmission of Penal Actions to Heirs after Joinder of Issue
Summary
It explains that all penal actions, which are generally not transmissible, are also transmitted to the heirs once the lawsuit has been initiated.
Notes
- §44.7.26.prpost litem inchoatam — An 'ab urbe condita' type dominant participle construction, where the preposition 'post' governs the noun and perfect participle in the accusative (litem inchoatam). It is translated as 'after the suit has been commenced' rather than 'after the commenced suit'.
- §44.7.26.pret ad heredes — The word 'et' here functions not as a conjunction ('and'), but as an adverb meaning 'also' or 'even'. It emphasizes the legal principle that while penal actions (actiones poenales) generally terminate upon the death of the defendant and do not pass to the heirs, they do transmissible to the heirs after the joinder of issue (litis contestatio).
Cite this passage
Justinian I, The Digest of Justinian §44.7.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.26.pr
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