← Justinian I

The Digest of Justinian

§2.8.6.pr

Invalidity of Defectively Provided Security

Based on the opinion of Paulus, this section rules that whenever security or sufficient security is defectively provided, it is not legally deemed to have been provided at all.

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[PAULUS libro duodecimo ad edictum.]

[PAULUS, in the twelfth book on the Edict.]

§2.8.6.pr

​Quotiens uitiose cautum uel satisdatum est,1 non uidetur cautum.2

​Whenever security or sufficient security has been defectively provided, it is not deemed that security has been provided.

Syntax notes2 items
  1. 2.8.6.pruitiose cautum uel satisdatum est

    cautum est and satisdatum est are impersonal passive constructions of the verbs cavere (to provide security) and satisdare (to give sufficient security). The adverb uitiose (defectively, faultily) qualifies both verbs connected by uel.

  2. 2.8.6.prnon uidetur cautum

    cautum [esse] functions as the infinitive clause acting as the subject (or complement) of the copulative verb uidetur (it seems, it is deemed). The whole phrase means 'it is not deemed that security has been provided.'

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.8.6.pr