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Justinian I · The Digest of Justinian §44.7.33.pr

Transmission of Penal Actions to Heirs upon Joinder of Issue

Passage 7318 of 9271 · Latin

Summary

Paulus explains that despite the rule exempting heirs from penalties, if the deceased was sued while alive, the pursuit of the penalty is transmitted to the heirs as if the issue had been joined.

[PAULUS libro tertio decretorum. ] §44.7.33.prConstitutionibus, quibus ostenditur heredes poena non teneri, placuit, si uiuus conuentus fuerat, etiam poenae persecutionem transmissam uideri, quasi lite contestata cum mortuo.
[PAULUS, from his third book of Opinions.] By the constitutions, in which it is shown that heirs are not held liable for a penalty, it was resolved that, if the defendant had been sued while alive, even the pursuit of the penalty is deemed to be transmitted, as if joinder of issue had taken place with the deceased.

Notes

  1. §44.7.33.prConstitutionibus — An ablative of means/ground modifying the impersonal verb placuit, meaning "by the constitutions, it was resolved [that]...".
  2. §44.7.33.prtransmissam uideri — An accusative and infinitive clause acting as the subject of the impersonal verb placuit. The perfect passive infinitive transmissam esse (with esse omitted) agrees in gender, number, and case with the feminine accusative subject persecutionem.
  3. §44.7.33.prlite contestata — An ablative absolute referring to litis contestatio (joinder of issue) in Roman civil procedure. This act novates the substantive dispute into a litigious obligation, allowing the action to survive the defendant's death.

Cite this passage

Justinian I, The Digest of Justinian §44.7.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.33.pr

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