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Justinian I · The Digest of Justinian §6.1.51.pr

Action in Rem Against the Possessor's Heir and Fault

Passage 1122 of 9271 · Latin

Summary

Explains that if an action in rem is brought and a trial is granted against the heir of a possessor, the heir's own negligence and fraud are also subject to this trial.

[POMPONIUS libro sexto decimo ad Sabinum. ] §6.1.51.prSi in rem actum sit et in heredem possessoris iudicium datum sit, culpa quoque et dolus malus heredis in hoc iudicium uenit.
[POMPONIUS in the sixteenth book on Sabinus.] If an action in rem has been brought and a trial has been granted against the heir of the possessor, the negligence and fraud of the heir also come into this trial.

Notes

  1. §6.1.51.practum sit — An impersonal passive construction from the verb ago. It is derived from the idiom in rem agere (to bring an action in rem), meaning "an action in rem has been brought," used here in the subjunctive perfect (or present) within the conditional si-clause.
  2. §6.1.51.prin hoc iudicium uenit — The phrase in iudicium uenire is a legal idiom meaning "to be brought into the trial" or "to be subject to assessment in the judicial proceeding." The subject is culpa quoque et dolus malus heredis (the negligence and fraud of the heir also), indicating that not only the deceased's actions but also the heir's own conduct after inheriting the position are subject to evaluation in this action.

Cite this passage

Justinian I, The Digest of Justinian §6.1.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.51.pr

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