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Justinian I · The Digest of Justinian §5.1.26.pr

Lawsuits against Envoys Who Inherit and Remedies without Security

Passage 907 of 9271 · Latin

Summary

Citing Cassius, the text discusses the limitation of lawsuits against an envoy who has entered upon an inheritance, and the remedy of granting possession of the inheritance to legatees and creditors if the envoy fails to provide security.

[PAULUS libro septimo decimo ad Plautium. ] §5.1.26.prDe eo autem qui adiit hereditatem Cassius scribit, quamuis Romae adierit hereditatem, non competere in eum actionem, ne impediatur legatio, et hoc uerum est.
[PAULUS, in the seventeenth book on Plautius.] But regarding a person who has entered upon an inheritance, Cassius writes that, although he has entered upon the inheritance at Rome, an action does not lie against him, lest the embassy be impeded; and this is correct.
sed nec legatariis datur actio, sed nisi satisdet, mittuntur in possessionem rerum hereditariarum: quod et in hereditariis creditoribus dicendum est.
However, an action is not granted to legatees either, but unless he gives security, they are put into possession of the hereditary property; and this must also be said in the case of hereditary creditors.

Notes

  1. 5.1.26.prnon competere — An accusative with infinitive construction serving as the object of the main verb `scribit`, with `actionem` as its subject. Here `competere` is used in the sense of an action "lying" or "being competent."
  2. 5.1.26.prnisi satisdet, mittuntur — The subject of `satisdet` (gives security) is implied to be the envoy who entered upon the inheritance (`eo... qui adiit`), whereas the subject of the main verb `mittuntur` (are put into possession) is the `legatariis` (legatees) from the preceding clause, indicating a shift in subject between the clauses.

Cite this passage

Justinian I, The Digest of Justinian §5.1.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.26.pr

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