Humanitext Reader

Justinian I · The Digest of Justinian §5.5.1.pr

Order of Introducing Praetorian Remedies for Possessors

Passage 1067 of 9271 · Latin

Summary

It is explained that, after civil actions were provided for heirs, it was in the proper order of the Edict for the praetor to also take account of those to whom the possession of goods was granted.

[ULPIANUS libro quinto decimo ad edictum. ] §5.5.1.prOrdinarium fuit post ciuiles actiones heredibus propositas rationem habere praetorem etiam eorum quos ipse uelut heredes facit, hoc est eorum quibus bonorum possessio data est.
[ULPIAN, in the fifteenth book on the Edict.] It was customary, after civil actions had been provided for heirs, for the praetor to take account also of those whom he himself makes as if they were heirs, that is, of those to whom the possession of goods has been granted.

Notes

  1. §5.5.1.prordinarium — Neut. nom. of the adjective ordinarius (orderly, customary). Here it means not just "commonplace" but "logically or conventionally ordered in the sequence of the Edict," i.e., treating praetorian remedies (bonorum possessio) after civil law actions.
  2. §5.5.1.prrationem habere — Taking the genitive eorum, meaning "to take account of" or "to have regard for." It refers to the praetor's consideration of their legal standing and granting them legal remedies in judicial practice.
  3. §5.5.1.pruelut heredes facit — The subject is ipse (the praetor himself). Since the praetor could not create civil law heirs (heredes), this expression denotes that he treated them "as if they were heirs" by granting them the possession of goods (bonorum possessio).

Cite this passage

Justinian I, The Digest of Justinian §5.5.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.5.1.pr

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