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The Digest of Justinian

§4.4.8.pr

Restitution for Minors Condemned for Contumacy

This section states that a minor can implore the aid of restoration to his original condition even if he has been condemned as if for contumacy.

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[HERMOGENIANUS libro primo iuris epitomarum.]

[HERMOGENIANUS in the first book of the Epitomes of Law.]

§4.4.8.pr

​Minor etiam si quasi contumax1 condemnatus sit, in integrum restitutionis auxilium implorabit.

​A minor, even if he has been condemned as if for contumacy, will implore the aid of restoration to his original condition.

Syntax notes1 item
  1. 4.4.8.prquasi contumax

    The word contumax here refers to a "contumacious" or disobedient party who fails to appear in court after being summoned. The phrase quasi contumax condemnatus sit describes a situation where a party is condemned as if in default or for contempt of court, regardless of actual intent. Even against such procedural disadvantages, a minor is allowed to seek the remedy of restoration to the original condition (in integrum restitutio).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.8.pr