- 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-lat1:4.4.41.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
Explains that if a minor who has obtained a decree for reinstatement in integrum changes his mind and does not wish to use it, he can raise an exception against claims based on that judgment, as anyone is free to waive benefits introduced for their own sake.
[IULIANUS libro quadragensimo quinto digestorum.]
[JULIANUS, in the forty-fifth book of the Digests.]
Si iudex circumuento in uenditione adulescenti iussit fundum restitui eumque pretium emptori reddere,1 et hic nolit uti hac in integrum restitutione paenitentia acta,2 exceptionem utilem aduersus petentem pretium quasi ex causa iudicati adulescens habere poterit, quia unicuique licet contemnere haec, quae pro se introducta sunt. nec queri poterit uenditor,3 si restitutus fuerit in eam causam,4 in qua se ipse constituit et quam mutare non potuisset, si minor auxilium praetoris non implorasset.
If a judge ordered that a tract of land be restored to a youth who had been defrauded in a sale, and that he should return the price to the buyer, and this youth, having changed his mind, does not wish to avail himself of this reinstatement in integrum, the youth will be able to have a useful exception against the person claiming the price as if on the basis of a judgment; for anyone is allowed to disregard what has been introduced for his own benefit. Nor will the seller be able to complain if he is restored to that position in which he himself placed himself, and which he could not have changed if the minor had not implored the assistance of the praetor.
- 4.4.41.preumque pretium emptori reddere
An accusative-with-infinitve construction with eum (referring to adulescenti) as the subject accusative of the active infinitive reddere, coordinated with the preceding passive infinitive clause fundum restitui, both acting as the object of iussit.
- 4.4.41.prpaenitentia acta
An ablative absolute consisting of the noun paenitentia (repentance, change of mind) and acta, the perfect passive participle of agere, meaning 'having changed his mind' or 'repentance having occurred'.
- 4.4.41.pruenditor
Refers here to the youth (adulescens) himself. Since the case involves a youth who suffered a disadvantage by selling his land, the youth is the seller (uenditor), who is said to have no ground for complaint since he remains in the contractual position he chose.
- 4.4.41.prrestitutus fuerit in eam causam
The verb restituere here does not refer to the praetorian remedy of 'reinstatement in integrum' (in integrum restitutio), but rather means being 'placed back' or 'left' in the original contractual position as a result of the youth waiving that remedy.
Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
- 2026-09-21 AI review — translation 1