- 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-lat1:4.2.12.pr-4.2.12.2
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-07
Ulpian discusses the scope of restitution for property taken by duress (including accessories like offspring and fruits), the denial of relief to a wrongdoer who subsequently suffers force, and the non-applicability of the edict when a creditor uses force to obtain payment, though other laws apply.
[ULPIANUS libro undecimo ad edictum.]
[ULPIAN, on the Edict, Book XI.]
Sed et partus ancillarum et fetus pecorum et fructus restitui et omnem causam1 oportet: nec solum eos qui percepti sunt, uerum si plus ego percipere potui et per metum impeditus sum, hoc quoque praestabit.
But also the offspring of female slaves, the young of cattle, and the fruits must be restored, and indeed all accessories; and not only those which have been gathered, but if I could have gathered more and was prevented by fear, he must also make this good.
Quaeri poterit, an etiam ei qui uim fecerat passo uim2 restitui praetor uelit per hoc edictum ea quae alienauit. et Pomponius scribit libro uicensimo octauo non oportere ei praetorem opem ferre: nam cum liceat, inquit, uim ui repellere, quod fecit passus est. quare si metu te coegerit sibi promittere, mox ego eum coegero metu te accepto liberare,3 nihil esse quod ei restituatur.
It may be asked whether the praetor, by this edict, would wish those things which he alienated to be restored even to one who, having used force, has himself suffered force. And Pomponius writes in his twenty-eighth book that the praetor ought not to bring him aid; for since it is lawful, he says, to repel force with force, he has suffered what he himself did. Therefore, if he forced you by fear to make a promise to him, and later I forced him by fear to release you by formal discharge, there is nothing that should be restored to him.
Iulianus ait eum, qui uim adhibuit debitori suo ut ei solueret, hoc edicto non teneri propter naturam metus causa actionis quae damnum exigit: quamuis negari non possit in Iuliam eum de ui4 incidisse et ius crediti amisisse.
Julian says that a person who used force against his debtor in order that the debtor should pay him is not liable under this edict, because of the nature of the action on the ground of fear, which requires a loss; although it cannot be denied that he fell under the Julian law on force and lost his right of credit.
- 4.2.12.promnem causam
In Roman legal terminology, "omnis causa" refers to "all accessories" or "everything connected with the object," including fruits, profits, and other incremental advantages resulting from the property.
- 4.2.12.1passo uim
Dative masculine singular of the perfect participle of the deponent verb patior ("to suffer"), modifying the preceding dative pronoun "ei". Combined with "qui uim fecerat", it designates "one who, after having used force, has himself suffered force."
- 4.2.12.1accepto liberare
Refers to releasing a debtor by means of "acceptilatio" (a formal verbal release or discharge of an obligation in Roman law), derived from "acceptum".
- 4.2.12.2Iuliam ... de ui
Refers to the "lex Iulia de ui" (the Julian law on force or violence), which penalized acts of public and private violence. The noun "lex" is omitted, leaving the adjective "Iuliam" in the accusative feminine singular as the object of the preposition "in".