Humanitext Reader

Justinian I · The Digest of Justinian §5.1.31.pr

Scope of Litigation When Only One Coheir Sues

Passage 912 of 9271 · Latin

Summary

It explains why, when a plaintiff leaves several heirs and only one of them brings an action, the entire matter is not automatically brought into court.

[CELSUS libro uicensimo septimo digestorum. ] §5.1.31.prSi petitor plures heredes reliquerit unusque eorum iudicio egerit, non erit uerum totam rem quae in priore iudicio fuerit deductam esse: nec enim quisquam alienam actionem in iudicium inuito coherede perducere potest.
[CELSUS, in the twenty-seventh book of the Digests.] If a plaintiff has left several heirs, and one of them has brought an action, it will not be true that the entire matter which was involved in the prior trial has been brought into court; for no one can bring another's action into court against the will of his co-heir.

Notes

  1. §5.1.31.prtotam rem ... deductam esse — An accusative with infinitive (AcI) clause acting as the subject of non erit uerum. The clause quae in priore iudicio fuerit is a relative clause modifying totam rem.
  2. §5.1.31.prinuito coherede — An ablative absolute construction consisting of the noun coherede and the adjective inuito, with the present participle of the verb "to be" implied. It means "against the will of the co-heir" or "the co-heir being unwilling".

Cite this passage

Justinian I, The Digest of Justinian §5.1.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.31.pr

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