- 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-lat1:6.2.6.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
Paulus states that if someone takes possession of a slave by order of the praetor because the slave was not defended in a noxal action, and subsequently loses possession, they are entitled to the Publician action.
[PAULUS libro nono decimo ad edictum.]
[PAULUS on the Edict, book 19.]
Item si seruum ex causa noxali, quia non defendebatur,1 iussu praetoris duxero et amisero possessionem, competit mihi Publiciana.2
Likewise, if I have led away a slave by order of the praetor on a noxal cause because he was not defended, and have lost possession, the Publician action is available to me.
- 6.2.6.prquia non defendebatur
Passive imperfect. The subject is the preceding seruum (slave). This refers to the situation where, in a noxal action, the owner refused or failed to defend the slave, leading to the praetor's order to hand over the slave to the plaintiff.
- 6.2.6.prPubliciana
The feminine noun actio (action) is omitted, referring to the Publician action (actio Publiciana). This was a remedy granted to a bona fide possessor who was in the process of usucapion but lost possession before the period was complete.