- 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-lat1:5.3.24.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-11
It explains that a possessor does not need to restore a penalty incurred due to being ejected by force or a penalty promised for the opponent's non-appearance, as the plaintiff could not have acquired them.
[PAULUS libro uicensimo ad edictum.]
[PAULUS in the twentieth book on the Edict.]
At ubi ui deiectus fuit,1 non debet restituere poenam ex eo commissam,2 quod eam actor habere non potest. sic nec poena restitui debet, quam aduersarius ei promisit, si ad iudicium non uenerit.
But where [a possessor] has been ejected by force, he ought not to restore a penalty incurred on that account, because the plaintiff could not have had it. Likewise, a penalty ought not to be restored which his opponent promised him in the event of his not appearing in court.
- 5.3.24.prui deiectus fuit
The unexpressed subject refers to the possessor of the inheritance (the defendant). It means that he was forcibly ejected (by a third party).
- 5.3.24.prex eo commissam
ex eo refers to the fact of ejection by force. commissam is a participle meaning that the penalty (poena) has been 'incurred' or 'triggered' (from the legal phrase poena committitur).