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The Digest of Justinian

§4.1.5.pr

Praetorian Promise of Restitution and Non-Exclusion

This section establishes the legal principle that no one is deemed excluded from a matter or right as long as the praetor promises to restore them to their former position.

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[PAULUS libro septimo ad edictum.]

[PAULUS, on the Edict, book 7]

§4.1.5.pr

​Nemo uidetur1 re2 exclusus, quem praetor in integrum se restituturum3 polliceatur.

​No one is deemed to be excluded from the matter, whom the praetor promises that he will restore to his former position.

Syntax notes3 items
  1. 4.1.5.pruidetur

    The verb uidetur is used here not merely to mean 'seems' but in the technical legal sense of 'is deemed' or 'is held to be'.

  2. 4.1.5.prre

    The ablative noun re (nominative res) refers to the 'matter', 'subject-matter of the dispute', or 'substantive right' which is to be recovered through the restitution process.

  3. 4.1.5.prse restituturum

    restituturum is the future active infinitive with esse omitted (restituturum esse). The reflexive pronoun se, acting as its subject accusative, refers back to the subject of the main verb praetor, meaning 'that the praetor himself (by his authority) will restore'.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.1.5.pr