- 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-lat1:2.14.36.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-31
Proculus discusses the conditions under which a possessor can raise the defense of agreement (exceptio conventionis) against an owner's claim for recovery, based on a prior agreement to deliver the land's possession to a third party.
[PROCULUS libro quinto epistularum.]
[PROCULUS, Letters, book 5]
Si cum fundum meum possides, conuenisset mihi tecum, ut eius possessionem Attio traderes: uindicantem1 eum fundum a te non aliter me conuentionis exceptione excludi debere, quam si aut iam tradidisses, aut si tua causa id inter nos conuenisset et per te non staret quo minus2 traderes.
If, while you were in possession of my land, an agreement had been made between me and you that you should deliver possession of it to Attius: when I claim that land from you, I ought not to be barred by the objection of an agreement otherwise than if you had already delivered it, or if that had been agreed between us for your benefit and it was not due to you that you did not deliver it.
- 2.14.36.pruindicantem
Present participle in the accusative, modifying the subsequent me. uindicare refers to the claim of ownership (rei vindicatio) under Roman law, representing "me (the owner) claiming the return of the land from you (the possessor)."
- 2.14.36.prper te non staret quo minus
A negative form of the impersonal expression stat per aliquem quo minus / ne (it is due to someone that ... not / someone prevents ... from happening). The whole phrase means "it was not due to you that you did not deliver" or "you are not the cause of the failure to deliver."