- 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-lat1:6.1.63.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
Discusses the right of a defendant, who lost possession by negligence and must pay the assessment, to request the transfer of actions, and the remedies available when a third party or the plaintiff possesses the property, noting that the plaintiff cannot easily return the money later.
[IDEM libro duodecimo quaestionum.]
[THE SAME in the twelfth book of Questions.]
Si culpa, non fraude quis possessionem amiserit, quoniam pati debet aestimationem, audiendus erit a iudice, si desideret, ut aduersarius actione sua cedat:1 cum tamen praetor auxilium quandoque laturus sit quolibet alio possidente, nulla captione adficietur. ipso quoque, qui litis aestimationem perceperit, possidente2 debet adiuuari.3 nec facile audiendus erit ille,4 si uelit postea pecuniam, quam ex sententia iudicis periculo iudicati recepit, restituere.
If anyone has lost possession by negligence and not by fraud, since he must submit to the assessment, he ought to be heard by the judge if he desires that his opponent cede his action; since, however, the praetor will at some time grant relief whoever else is in possession, he will suffer no disadvantage. Even if he who received the assessment of the suit is himself in possession, he [the defendant] ought to be assisted. Nor should he [the plaintiff] be easily heard if he later wishes to restore the money which he received under the judge’s decision at the risk of the judgment.
- 6.1.63.prut aduersarius actione sua cedat
A noun clause introduced by the conjunction ut, serving as the object of the verb desideret. It refers to the defendant's right to demand the transfer of actions (cessio actionum) from the plaintiff upon paying the assessment.
- 6.1.63.pripso quoque, qui litis aestimationem perceperit, possidente
An ablative absolute construction. ipso is modified by the relative clause qui... perceperit, referring to the plaintiff who received the assessment. It describes a situation where the plaintiff still retains possession of the property even after being paid the assessment by the defendant.
- 6.1.63.prdebet adiuuari
The implied subject of the passive verb debet adiuuari is the defendant (quis at the beginning of the section) who lost possession by negligence. It means that the defendant should be granted legal relief (such as an exception or useful action) even when the plaintiff himself is in possession.
- 6.1.63.prille
Demonstrative pronoun referring back to qui litis aestimationem perceperit (the plaintiff who received the assessment). It indicates that once the plaintiff has received monetary compensation (paid at the risk of non-performance of the judgment), they cannot easily request to return the money in order to recover the property.