- 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-lat1:9.4.23.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
This section explains that if the defendant (owner) subsequently comes to have the slave in his power after the previous suit, he is held liable based on the new possession, and any exception (such as res judicata) is denied to him.
[GAIUS libro sexto ad edictum prouinciale.]
[GAIUS, Book 6 of the Commentary on the Provincial Edict]
Sed et si postea aduersarius eius1 in potestate habere coeperit seruum, tenetur ex noua possessione denegata ei exceptione.2
But also if afterwards his adversary begins to have the slave in his power, he is held liable on the basis of the new possession, the exception being denied to him.
- 9.4.23.praduersarius eius
The genitive pronoun eius refers to the plaintiff (actor) mentioned in the preceding section (§9.4.22.4), and thus aduersarius eius refers to his adversary, the defendant owner of the slave.
- 9.4.23.prdenegata ei exceptione
Ablative absolute. The "exception" (exceptio) denied here refers to the defense of res judicata (exceptio rei iudicatae) or similar, arising from the previous judgment in which the defendant was acquitted due to the plaintiff's failure of proof. Because a new cause—the new possession (noua possessione)—has arisen, the defendant cannot block the new action with this defense.