- 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-lat1:3.2.7.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-01
Paulus explains that in infamous actions arising from contract, unlike cases of condemnation, a person who has settled does not incur infamy, because contract-related settlements are less disgraceful.
[PAULUS libro quinto ad edictum.]
[PAULUS, in his Fifth Book on the Edict.]
In actionibus, quae ex contractu proficiscuntur, licet famosae sint et damnati notantur,1 attamen pactus non notatur, merito: quoniam ex his causis non tam turpis est pactio quam ex superioribus.2
In actions which arise from contract, although they are infamous and those condemned are marked, nevertheless, he who has settled is not marked, and rightly so; since a settlement arising from these causes is not as disgraceful as one arising from the previous ones.
- 3.2.7.prlicet famosae sint et damnati notantur
The concessive conjunction licet governs the subjunctive sint, while the following clause et damnati notantur is in the indicative present. This indicative part describes an established fact (that those condemned are indeed marked) within the concessive framework, meaning "although the actions are infamous and [as a fact] those condemned are marked."
- 3.2.7.prex superioribus
The ablative plural feminine of the adjective superior, modifying the omitted noun causis. In this context, it refers to the "previous causes" of action discussed in the preceding section (such as theft or other delicts involving greater moral turpitude).