[MARCIANUS libro quarto regularum. ] §9.2.16.prquia in eum casum res peruenit, a quo incipere non potest.
[MARCIAN, from the fourth book of Rules.] because the matter has come to such a state from which it cannot begin.
Justinian I · The Digest of Justinian §9.2.16.pr
Why an Action Cannot Arise for the Heir of an Injured Slave
Summary
Explains the legal reason for the rule in the preceding text regarding the heir of a mortally wounded slave, stating that the matter has reached a state from which it cannot begin.
Notes
- §9.2.16.prin eum casum res peruenit, a quo incipere non potest — This clause provides the rationale for the conclusion in the preceding section by Ulpian (that the heir of a slave who was freed and made heir cannot bring an action upon his death). 'res' refers to 'the matter' or 'the legal relation regarding the action,' and the antecedent of the relative pronoun 'a quo' is 'eum casum' (such a situation/state). The implied subject of the infinitive 'incipere' (to begin) is the 'action (actio)' that the heir wishes to initiate.
Cite this passage
Justinian I, The Digest of Justinian §9.2.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.16.pr
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