Humanitext Reader

Justinian I · The Digest of Justinian §49.8.2.pr-49.8.2.1

Invalidity of Judging or Condemning a Deceased Person

Passage 8512 of 9271 · Latin

Summary

Paulus pronounces that a condemnation or the appointment of a judge is completely void if directed against a person who was already deceased at the time.

[PAULUS libro tertio responsorum. ] §49.8.2.prPaulus respondit eum, qui in rebus humanis non fuit sententiae dictae tempore, inefficaciter condemnatum uideri.
[PAULUS, Responses, Book III] Paulus responded that a person who was not among the living at the time the sentence was pronounced is deemed to have been ineffectively condemned.
§49.8.2.1Idem respondit aduersus eum, qui in rebus humanis non esset, cum iudex datus est, neque iudicis dationem ualuisse neque sententiam aduersus eum dictam uires habere.
He also responded that against a person who was not among the living when the judge was appointed, neither the appointment of the judge was valid nor does the sentence pronounced against him have any force.

Notes

  1. §49.8.2.prin rebus humanis — The phrase "to be in human affairs" (in rebus humanis esse) is an idiomatic expression in legal Latin meaning "to be alive" or "to be among the living". Here, it refers to the status of a deceased party.
  2. §49.8.2.1aduersus eum — Placed before the accusative with infinitive clause (neque... neque...), qualifying the entire sentence as "against him" (neither the appointment is valid nor does the sentence have force).

Cite this passage

Justinian I, The Digest of Justinian §49.8.2.pr-49.8.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.8.2.pr-49.8.2.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.