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Justinian I · The Digest of Justinian §50.17.87.pr

Benefit of Pursuing Claims and Heirs' Liability Post Joinder

Passage 9147 of 9271 · Latin

Summary

Explains that pursuing a claim improves rather than worsens one's legal position, and that after joinder of issue, the heir's position is protected while they also assume full liabilities.

[IDEM libro tertio decimo quaestionum. ] §50.17.87.prnemo enim in persequendo deteriorem causam, sed meliorem facit.
[THE SAME, from his thirteenth book of Questions.] For no one, in prosecuting his claim, makes his case worse, but rather better.
denique post litem contestatam heredi quoque prospiceretur et heres tenetur ex omnibus causis.
Consequently, after issue has been joined in a lawsuit, provision is also made for the heir, and the heir is held liable on all grounds.

Notes

  1. §50.17.87.prin persequendo — The ablative of the gerund of the verb persequor, used with the preposition in to mean "in pursuing or prosecuting (a legal claim or right)." It refers to the act of asserting one's rights through civil legal proceedings.
  2. §50.17.87.prprospiceretur — The third-person singular imperfect subjunctive passive of prospicio, used impersonally. The subjunctive expresses a potential or hypothetical consequence of the joinder of issue (litis contestatio), indicating that provision "would be" or "ought to be" made. The dative heredi indicates the beneficiary of this impersonal passive action.

Cite this passage

Justinian I, The Digest of Justinian §50.17.87.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.87.pr

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