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Justinian I · The Digest of Justinian §50.17.128.pr-50.17.128.1

Favor toward Possessors and Heirlike Status of Successors

Passage 9188 of 9271 · Latin

Summary

It states the principle of the preference of the possessor in an equal position, and that those who succeed to universal rights are regarded as heirs.

[IDEM libro nono decimo ad edictum. ] §50.17.128.prIn pari causa possessor potior haberi debet.
[THE SAME, in the nineteenth book on the edict.] In an equal cause, the possessor ought to be held preferable.
H §50.17.128.1i, qui in uniuersum ius succedunt, heredis loco habentur.
H Those who succeed to the entirety of a right are held in the place of an heir.

Notes

  1. §50.17.128.prIn pari causa — "causa" refers to the "legal ground" or "situation." When the claims of both parties are equal (pari), the possessor, who actually holds the property, is in a more favorable position. This represents the general legal maxim that the condition of the possessor is better.
  2. §50.17.128.1in uniuersum ius succedunt — "succedo in" with the accusative means "to succeed to." "uniuersum ius" refers to the "universal right (the whole of rights and duties)," meaning universal succession (comprehensive succession) rather than the succession of individual assets. Such persons are treated "in the place of an heir (heredis loco)".

Cite this passage

Justinian I, The Digest of Justinian §50.17.128.pr-50.17.128.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.128.pr-50.17.128.1

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