Humanitext Reader

Justinian I · The Digest of Justinian §5.1.23.pr

Need for a Separate Action for Events after Joinder of Issue

Passage 904 of 9271 · Latin

Summary

Paulus states that what occurs after the trial has been accepted cannot be considered part of that judgment, and thus a separate demand is required.

[IDEM libro septimo ad Plautium. ] §5.1.23.prNon potest uideri in iudicium uenisse id quod post iudicium acceptum accidisset: ideoque alia interpellatione opus est.
[THE SAME, in the seventh book on Plautius.]\n\nThat which occurred after the acceptance of the trial cannot be deemed to have come into judgment; and therefore another demand is necessary.

Notes

  1. §5.1.23.prpost iudicium acceptum — This is a so-called 'ab urbe condita' construction, where the preposition post is followed by the noun iudicium and the perfect passive participle acceptum, meaning 'after the trial has been accepted' (i.e., after joinder of issue/litis contestatio).

Cite this passage

Justinian I, The Digest of Justinian §5.1.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.23.pr

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