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Justinian I · The Digest of Justinian §50.17.139.pr-50.17.139.1

Survival of Actions by Joinder and Incomplete Ownership

Passage 9199 of 9271 · Latin

Summary

Legal maxims by Gaius on the survival of actions once included in a trial despite death or lapse of time, and the incompleteness of ownership of things that can be taken away by chance.

[GAIUS libro ad edictum praetoris urbani. ] §50.17.139.prOmnes actiones, quae morte aut tempore pereunt, semel inclusae iudicio saluae permanent.
[GAIUS, in the book on the edict of the urban praetor.] All actions which perish by death or by time, once they have been included in a trial, remain secure.
§50.17.139.1Non uidetur perfecte cuiusque id esse, quod ex casu auferri potest.
That which can be taken away by chance is not deemed to belong completely to anyone.

Notes

  1. §50.17.139.princlusae iudicio — The participle inclusae (perfect passive, nominative feminine plural) agrees with actiones and has a conditional force ("once they have been included"). iudicio (dative or ablative) refers to the judicial proceeding (specifically the stage of litis contestatio), meaning "in/into a trial."
  2. §50.17.139.1uidetur perfecte cuiusque id esse — The verb uidetur is used in a personal construction with the demonstrative pronoun id (modified by the relative clause quod...) as its subject ("that which... is not deemed to..."). cuiusque is a possessive genitive ("belonging to anyone") functioning as the predicate of esse.

Cite this passage

Justinian I, The Digest of Justinian §50.17.139.pr-50.17.139.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.139.pr-50.17.139.1

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