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The Digest of Justinian

§4.6.46.pr

Restoration Between Persons Absent on Public Business

It states that a person absent on public service should be granted restoration even against another person likewise absent on public service, provided they have a just complaint regarding some loss.

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[MARCIANUS libro secundo regularum.]

[MARCIANUS, Rules, Book II]

§4.6.46.pr

​Qui rei publicae causa afuit, etiam aduersus eum, qui pariter rei publicae causa afuerit, restituendus est,1 si aliquid damni2 iuste queritur.

​A person who was absent on public service must be restored to his original position, even against one who was likewise absent on public service, if he justly complains of any loss.

Syntax notes2 items
  1. 4.6.46.prrestituendus est

    A passive periphrastic conjugation (gerundive with "est") expressing obligation or necessity ("must be restored"). In the Roman legal context, it refers to the eligibility to receive the relief of "restitutio in integrum" (restoration to the original state) granted by the praetor.

  2. 4.6.46.praliquid damni

    A partitive genitive construction, in which the genitive singular "damni" (of loss) depends on the neuter pronoun "aliquid" (something), meaning "any loss."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.46.pr