Humanitext Reader

Justinian I · The Digest of Justinian §50.17.207.pr

Presumption of Truth in Res Iudicata Decisions

Passage 9267 of 9271 · Latin

Summary

Ulpian presents the legal maxim that an adjudicated matter (res iudicata) must be accepted as the truth.

[ULPIANUS libro primo ad legem Iuliam et Papiam. ] §50.17.207.prRes iudicata pro ueritate accipitur.
[ULPIAN, in his first book on the Lex Julia et Papia.] A matter adjudicated is accepted as the truth.

Notes

  1. §50.17.207.prres iudicata — Composed of the noun `res` (nominative feminine singular) and `iudicata`, the perfect passive participle (nominative feminine singular) of the verb `iudicare` (to judge, decide). It literally means "a matter judged," which is the origin of the modern legal concept of *res judicata*.
  2. §50.17.207.prpro ueritate accipitur — The preposition `pro` (as, in place of) governs the ablative noun `ueritate` (ablative singular of `ueritas`, "truth"). Together with the passive verb `accipitur` (third-person singular present indicative passive of `accipere`, "to receive, accept"), it means "is accepted as the truth," indicating a legal fiction or presumption.

Cite this passage

Justinian I, The Digest of Justinian §50.17.207.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.207.pr

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