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Justinian I · The Digest of Justinian §5.3.47.pr

Claim on an Informal Will After Failing in a Forgery Accusation

Passage 1045 of 9271 · Latin

Summary

To the question of whether a person who failed in accusing a relative's will of forgery can still bring an action regarding a will not made according to law nor sealed, it is answered that the failure in the forgery suit does not bar this subsequent claim.

[IDEM libro octauo responsorum. ] §5.3.47.prLucius Titius cum in falsi testamenti propinqui accusatione non optinuerit, quaero, an de non iure facto nec signato testamento querella illi competere possit.
[THE SAME in his eighth book of Opinions.] As Lucius Titius did not prevail in his accusation of a forged will of his relative, I ask whether an action can be competent to him regarding a will that was not made according to law nor sealed.
respondit non ideo repelli ab intentione non iure facti testamenti, quod in falsi accusatione non optinuerit.
He replied that he is not for that reason repelled from his claim concerning a will not made according to law, because he did not prevail in the accusation of forgery.

Notes

  1. §5.3.47.prnon ideo ... quod — This construction expresses a restricted negation, meaning "not for the reason that... [therefore]...". In this context, it indicates that he is not barred (repelli) from asserting his claim that the will was not made according to law, simply because he did not prevail in the accusation of forgery (quod... non optinuerit).
  2. §5.3.47.prrepelli — In the accusative-with-infinitive (ACI) construction following the main verb `respondit`, the subject accusative of the present passive infinitive `repelli` is omitted. It must be understood by supplying the pronoun `eum`, referring back to `Lucius Titius` (or `illi` in the preceding indirect question).

Cite this passage

Justinian I, The Digest of Justinian §5.3.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.47.pr

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