- 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-lat1:5.1.4.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
This passage states that, as a rule, no lawsuit can arise between a person in power and those under their power, with the exception of matters concerning military peculium.
[GAIUS libro primo ad edictum prouinciale.] Lis nulla nobis esse1 potest cum eo quem in potestate habemus,2 nisi ex castrensi peculio.3
[GAIUS in the first book on the Provincial Edict.] There can be no lawsuit between us and one whom we have in our power, except in relation to his military peculium.
- 5.1.4.prnobis esse
The pronoun "nobis" is a dative of possession used with "potest esse", meaning "for us to have (a lawsuit)".
- 5.1.4.prin potestate habemus
Refers to individuals under power (such as "patria potestas"). Under Roman law, members of the same household under the same paternal power could not generally bring civil actions against one another.
- 5.1.4.prnisi ex castrensi peculio
Refers to the military peculium ("peculium castrense"). This was property acquired by a son-in-power through military service, over which he exceptionally held independent ownership and the capacity to sue or be sued, even against his paterfamilias.