- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.12.3.pr-2.12.3.2
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-29
This text explains that even during judicial recess periods such as harvests, trials can be held for matters that may perish by time or death (such as various penal actions or perishable goods), as well as trials concerning freedom and illicit gains under the guise of markets.
[IDEM libro secundo ad edictum.]
[THE SAME, On the Edict, book 2]
Solet etiam messis uindemiarumque tempore ius dici de rebus quae tempore uel morte1 periturae sunt. morte: ueluti furti: damni iniuriae: iniuriarum atrocium: qui de incendio ruina naufragio rate naue expugnata rapuisse dicuntur: et si quae similes sunt. item si res tempore periturae sunt aut actionis dies exiturus est.2
It is also customary, during the time of harvest and vintage, for justice to be administered concerning matters which are likely to perish by time or by death. By death: as for instance, actions for theft, damage unlawfully caused, heinous injuries, against those who are said to have plundered in a fire, ruin, shipwreck, or from a raft or ship that has been captured, and any similar actions. Likewise, if the things are about to perish by time, or the period for the action is about to expire.
Liberalia quoque iudicia3 omni tempore finiuntur.
Trials concerning freedom also are concluded at any time.
Item in eum, qui quid nundinarum nomine aduersus communem utilitatem acceperit, omni tempore ius dicitur.
Likewise, justice is administered at any time against one who, under the name of markets, has accepted anything contrary to the common utility.
- 2.12.3.prmorte
An ablative noun, functioning elliptically after the preceding tempore uel morte to introduce specific examples of actions likely to perish "by death". The subsequent genitives like furti are understood with an omitted noun such as actio (e.g., actio furti). These refer to penal actions (actiones poenales) which would perish upon the defendant's death if not brought before the joinder of issue (litis contestatio).
- 2.12.3.practionis dies exiturus est
actionis dies refers to the "period of the action" or "statutory limitation period", where dies (day, term) is the subject. The combination of the future participle exiturus with est (first periphrastic conjugation) expresses the imminent expiration of the limitation period.
- 2.12.3.1Liberalia quoque iudicia
Trials concerning personal status (whether one is free or a slave), known as causa liberalis. To avoid the detriment of leaving a person's status uncertain, an exception was made to allow these trials to be concluded (finiuntur) even during judicial recess periods such as harvests or holidays.