- 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-lat1:6.1.26.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
It explains that if the plaintiff is aware of the defendant's lack of possession, the plaintiff is deemed to be deceived by himself, and therefore the defendant is absolved.
[PAULUS libro secundo ad Plautium.]
[PAULUS, in the second book on Plautius.]
Nam si actor scit,1 tunc is non ab alio, sed a se decipitur:2 et ideo reus absoluitur.
For if the plaintiff knows, then he is deceived not by another, but by himself; and therefore the defendant is absolved.
- 6.1.26.prscit
The object of the transitive verb scit ("knows") is omitted, but in light of the preceding context of D. 6.1.25.pr, it refers to the fact that the defendant who offered to defend the property is not actually in possession and has not acted with fraud to avoid possession.
- 6.1.26.pra se decipitur
The passive expression "is deceived by himself" indicates that the plaintiff suffers disadvantage not due to the deceptive conduct of another (the defendant), but because of his own negligence or awareness (knowledge).