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Justinian I · The Digest of Justinian §47.23.7.pr-47.23.7.1

Inapplicability of Popular Actions to Heirs and Wealth

Passage 8112 of 9271 · Latin

Summary

It states that popular actions do not transfer to a person to whom an inheritance has been restored under the Trebellian senatusconsult, and that merely possessing such actions is not legally considered as making one wealthier.

[PAULUS libro quadragensimo primo ad edictum. ] §47.23.7.prPopulares actiones non transeunt ad eum, cui restituta est hereditas ex Trebelliano senatus consulto.
[PAULUS in the forty-first book on the Edict.] Popular actions do not pass to him to whom an inheritance has been restored under the Trebellian senatusconsult.
§47.23.7.1Item qui habet has actiones, non intellegitur esse locupletior.
Likewise, he who has these actions is not understood to be wealthier.

Notes

  1. §47.23.7.prrestituta est hereditas ex Trebelliano senatus consulto — The Senatus consultum Trebellianum (circa 56 AD) provided that when a trustee "restored" (restituere) an inheritance to a beneficiary under a trust, the actions pertaining to the inheritance automatically transferred to the beneficiary. However, this text clarifies that "popular actions" (populares actiones), being for the public interest, are excluded from this transfer.
  2. §47.23.7.1non intellegitur esse locupletior — A personal passive construction with the subject "qui habet has actiones". It means that merely possessing the right to bring a popular action is not legally considered to have increased one's actual wealth (locupletior). This is because popular actions serve the public interest rather than private enrichment, and do not constitute assets until a penalty is actually recovered through a successful lawsuit.

Cite this passage

Justinian I, The Digest of Justinian §47.23.7.pr-47.23.7.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.23.7.pr-47.23.7.1

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