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Justinian I · The Digest of Justinian §44.7.59.pr

Transmission of Actions to Heirs After Joinder of Issue

Passage 7344 of 9271 · Latin

Summary

Callistratus explains that lawsuits arising from any cause, once issue has been joined, are transmitted to the heir and similar persons.

[CALLISTRATUS libro primo edicti monitorii. ] §44.7.59.prSciendum est ex omnibus causis lites contestatas et in heredem similesque personas transire.
[CALLISTRATUS, Commentary on the Warning Edict, Book I] It must be known that lawsuits in which issue has been joined, arising from all causes, pass also to the heir and similar persons.

Notes

  1. §44.7.59.prSciendum est — An impersonal gerundive construction with est, expressing obligation or necessity ("it must be known"). It governs the following accusative with infinitive (A.C.I.) clause (lites ... transire).
  2. §44.7.59.prlites contestatas — The accusative subject of the infinitive verb transire. contestatas is the perfect passive participle of the verb contestor, modifying the noun lites (lawsuits) and indicating that they have reached the stage of the joinder of issue (litis contestatio).
  3. §44.7.59.pret — Here et is used adverbially in the sense of "also" or "even" (etiam), emphasizing that the effect of the lawsuit extends even to the heir and similar persons.

Cite this passage

Justinian I, The Digest of Justinian §44.7.59.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.59.pr

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