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Justinian I · The Digest of Justinian §47.12.6.pr

Parties to the Sepulchre Action and Ban on Repetition

Passage 8064 of 9271 · Latin

Summary

Julianus states that the action for violation of a sepulchre is primarily given to the interested party; if another person sues in their absence, the action cannot be brought again even if the owner was absent on public business, as the action aims at vengeance rather than family property.

[IULIANUS libro decimo digestorum. ] §47.12.6.prSepulchri uiolati actio in primis datur ei, ad quem res pertinet.
[JULIANUS in the tenth book of the Digests.] The action for violation of a sepulchre is granted in the first place to the person whom the matter concerns.
quo cessante si alius egerit, quamuis rei publicae causa afuerit dominus, non debebit ex integro aduersus eum, qui litis aestimationem sustulerit, dari.
If, upon his failing to act, another person brings the action, even though the owner was absent on public business, the action ought not to be granted anew against him who has paid the estimated damages of the suit.
nec potest uideri deterior fieri condicio eius, qui rei publicae causa afuit, cum haec actio non ad rem familiarem eiusdem, magis ad ultionem pertineat.
Nor can the condition of him who was absent on public business be seen to become worse, since this action does not pertain to his family estate, but rather to vengeance.

Notes

  1. §47.12.6.prquo cessante — This is an ablative absolute construction using the relative pronoun quo, which refers back to the antecedent ei, ad quem res pertinet (the interested party to whom the action is primarily given).
  2. §47.12.6.prlitis aestimationem sustulerit — The verb sustulerit (perfect of tollere) here means "has borne" or "has paid" the estimated damages of the suit (litis aestimationem) determined by the court, indicating that the defendant has already satisfied the judgment.
  3. §47.12.6.prcum ... pertineat — The conjunction cum introduces a causal clause ("since" or "because") and taking the subjunctive pertineat.

Cite this passage

Justinian I, The Digest of Justinian §47.12.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.12.6.pr

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