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The Digest of Justinian

§6.1.22.pr

Liability When a Slave Escapes Through Possessor Fraud

This fragment states that if a slave escapes through the fraud of the possessor, the possessor must be condemned as if he were still in possession of the slave.

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[ULPIANUS libro sexto decimo ad edictum.]

[ULPIANUS, in the sixteenth book on the Edict.]

§6.1.22.pr

​Quod si dolo possessoris fugerit, damnandum eum,1 quasi possideret.2

​But if the slave should escape through the dolus of the possessor, he must be condemned just as if he were in possession.

Syntax notes2 items
  1. 6.1.22.prdamnandum eum

    An accusative with infinitive construction (indirect speech) where 'esse' is omitted with the gerundive 'damnandum'. The accusative subject 'eum' refers to the possessor, indicating obligation/necessity: 'that he must be condemned'.

  2. 6.1.22.prquasi possideret

    A hypothetical construction with the conjunction 'quasi' (as if) followed by the imperfect subjunctive 'possideret'. It represents a counterfactual situation in the present: although the possessor has lost physical possession due to the slave's flight, he is held liable under the legal fiction of still being in possession due to his fraud (dolus).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.22.pr