Humanitext Reader

Justinian I · The Digest of Justinian §5.1.16.pr

Action Against the Heir of a Delinquent Judge

Passage 897 of 9271 · Latin

Summary

It presents Julian's view that an action lies against the heir of a judge who made the litigation his own, and notes that this opinion is incorrect and widely criticized.

[IDEM libro quinto ad edictum. ] §5.1.16.prIulianus autem in heredem iudicis, qui litem suam fecit, putat actionem competere: quae sententia uera non est et a multis notata est.
[THE SAME, in the fifth book on the Edict.] Julian, however, thinks that an action lies against the heir of a judge who made the litigation his own; which opinion is not correct and has been criticized by many.

Notes

  1. §5.1.16.prqui litem suam fecit — Grammatically, the antecedent of the relative clause could be either the accusative noun 'heredem' (heir) or the genitive noun 'iudicis' (judge) of the main clause. However, in this context, since it is the 'judge' who made the litigation his own (i.e., rendered a wrongful judgment), 'iudicis' is the antecedent.
  2. §5.1.16.practionem competere — This is an accusative-with-infinitive construction (AcI) serving as the object of the verb 'putat'. In juristic Latin, 'competere' means 'an action lies' or 'is available', and here it is used with the prepositional phrase 'in heredem' (against the heir).
  3. §5.1.16.prnotata est — The perfect passive of the verb 'notare' (to mark, censure). In juristic discourse, it means that a particular opinion has been 'censured' or 'marked with disapproval' by other jurists.

Cite this passage

Justinian I, The Digest of Justinian §5.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.16.pr

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.