- 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-lat1:2.7.5.pr-2.7.5.4
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-28
Ulpian discusses liability for rescuing someone through a third party and the nature of the "action on the facts" (in factum) granted against those who rescue by force. He also explains the requirement of an actual effect for the penalty to apply, the application of the action to co-delinquents and heirs, and its time limit.
[ULPIANUS libro quinto ad edictum.]
[ULPIANUS, in the fifth book on the Edict.]
Si per alium quis exemerit, hac clausula tenetur, siue praesens fuit siue absens.
If anyone rescues someone through another person, he is bound by this clause, whether he was present or absent.
In eum autem, qui ui exemit, in factum iudicium datur: quo1 non id continetur quod in ueritate est, sed quanti2 ea res est ab actore aestimata, de qua controuersia est. hoc enim additum est, ut appareat etiam si calumniator quis sit, tamen hanc poenam eum persequi.
On the other hand, against one who has rescued by force, an action on the facts is granted; in which is contained not the actual value, but the amount at which the matter in dispute was estimated by the plaintiff. For this was added so that it might appear that even if the plaintiff is a vexatious litigant, he may nevertheless pursue this penalty.
Docere autem debet quis per hanc exemptionem factum quo minus3 in ius produceretur. ceterum si nihilo minus productus est, cessat poena: quoniam uerba cum effectu sunt accipienda.
But he must prove that because of this rescue, it was brought about that the person was not produced in court. However, if he was produced nonetheless, the penalty does not apply; since words are to be understood as carrying an effect.
Hoc iudicium in factum est: et si plures deliquerint in singulos dabitur, et nihilo minus manet qui exemptus est obligatus:
This action is on the facts; and if several persons have committed the offense, it will be granted against each individual, and nonetheless the person who was rescued remains bound.
Heredibus autem ita dabitur, si eorum intersit:4 neque autem in heredem neque post annum dabitur.
However, it will be granted to heirs only if they have an interest; but it will not be granted against an heir, nor after a year.
- 2.7.5.1quo
Relative pronoun in the neuter singular ablative, referring back to iudicium (action). It introduces a relative clause defining what is contained in the formula of that action.
- 2.7.5.1quanti
Genitive of value, correlating with the passive participle aestimata to mean 'at what value'. It indicates that the amount is based on the plaintiff's subjective valuation.
- 2.7.5.2quo minus
A conjunction expressing hindrance or prevention, taking the imperfect subjunctive produceretur. It forms a clause dependent on the implied factum [esse] in the main clause, meaning 'it was brought about that [he] should not be produced'.
- 2.7.5.4si eorum intersit
A conditional clause containing the present subjunctive of the impersonal verb interesse. Since interesse takes the genitive of the person concerned (here eorum, referring to heredibus), it means 'if it is of interest to them', restricting the active transmissibility of the action to cases where the heirs have a financial interest.