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Justinian I · The Digest of Justinian §5.6.3.pr-5.6.3.2

Standing and Available Actions for a Trust Inheritance

Passage 1071 of 9271 · Latin

Summary

Ulpian defines the scope of plaintiffs (including successors and possessors of goods) who can bring the action for the petition of a trust inheritance and rules out those who have already restored the inheritance as defendants, explaining that the beneficiary is granted the same active and passive actions as an heir.

[ULPIANUS libro sexto decimo ad edictum. ] §5.6.3.prNec interest, mihi quis rogatus fuerit restituere an ei cui heres extiti.
[ULPIANUS, in the sixteenth book on the Edict.] And it does not matter whether someone was requested to restore to me, or to the person to whom I have stood as heir.
sed et si bonorum possessor sim eius cui fideicommissaria hereditas relicta est uel alius successor, per hanc actionem experiri poterim.
But even if I am the possessor of goods of the person to whom the trust inheritance was left, or any other successor, I will be able to sue by this action.
§5.6.3.1Hanc actionem sciendum est aduersus eum, qui restituit hereditatem, non competere.
It must be known that this action does not lie against the person who has restored the inheritance.
§5.6.3.2Hae autem actiones mihi dantur, quae heredi et in heredem competunt.
Moreover, those actions are given to me which lie in favor of an heir and against an heir.

Notes

  1. 5.6.3.prrogatus fuerit — Third-person singular perfect passive subjunctive. The subjunctive is used because it stands in an indirect question introduced by the interrogative pronoun quis. The verb rogare with an infinitive means "to be requested to do something," referring here to the trustee bound by the fideicommissum.
  2. 5.6.3.prexperiri poterim — The apodosis corresponding to the present subjunctive sim (or its hypothetical condition). Although one would expect possim, poterim appears in the manuscript tradition either as a perfect subjunctive or as a variant of the future indicative (potero). The deponent infinitive experiri means "to try legally, to bring an action."
  3. 5.6.3.2quae heredi et in heredem competunt — heredi (dative) refers to active actions that lie in favor of the heir, while in heredem (preposition in with accusative) refers to passive actions that lie against the heir.

Cite this passage

Justinian I, The Digest of Justinian §5.6.3.pr-5.6.3.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.6.3.pr-5.6.3.2

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