- 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-lat1:9.4.29.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
On the right of both those who do and do not have the wrongdoer in their power to avoid a noxal action, and the requirement for the former to transfer their rights to the plaintiff if they leave the wrongdoer undefended.
[GAIUS libro sexto ad edictum prouinciale.]
[GAIUS, Book 6 on the Provincial Edict]
Non solum autem qui in potestate non habet recusare potest noxale iudicium, uerum et habenti1 in potestate liberum est euitare iudicium, si indefensam eam personam relinquat: sed huic2 necesse est ius suum ad actorem transferre, perinde ac si damnatus esset.3
But not only can one who does not have [the wrongdoer] in his power refuse a noxal action, but it is also free for one who does have [the wrongdoer] in his power to avoid the action, if he leaves that person undefended; however, this latter person must transfer his right to the plaintiff, just as if he had been condemned.
- 9.4.29.prhabenti
Dative governed by the impersonal expression liberum est, referring to the person who has the wrongdoer in his power, in contrast to the preceding qui ... habet.
- 9.4.29.prhuic
Dative of the demonstrative pronoun hic, serving as the logical subject of necesse est. It refers back to habenti in potestate, specifying who is required to transfer the right as a condition for avoiding the trial.
- 9.4.29.prperinde ac si damnatus esset
A combination of the conjunction perinde ac si ('just as if') and the subjunctive pluperfect damnatus esset representing a contrary-to-fact condition. It indicates that although no actual condemnation has occurred, the legal consequence (the obligation to transfer the right) is treated as identical.