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Justinian I · The Digest of Justinian §10.2.23.pr

Partition of Property in Enemy Hands and Provision of Security

Passage 1660 of 9271 · Latin

Summary

Regarding the property in enemy hands to be partitioned, it explains that partition is allowed based on the hope of postliminy, while requiring security against the risk of non-return, with an exception when the uncertain outcome itself has been valued.

[PAULUS libro uicensimo tertio ad edictum. ]
[PAULUS, On the Edict, book 23] \n \nIs it because of the hope of postliminy?
§10.2.23.prpropter spem postliminii? scilicet cum cautione, quia possunt non reuerti: nisi si tantum aestimatus sit dubius euentus.
To be sure, this must be with security, since they may not return; unless merely the uncertain outcome itself has been valued.

Notes

  1. §10.2.23.prpropter spem postliminii? — This functions as a self-questioning clause, asking whether the reason why "a thing in the hands of the enemy" can be included in the partition action (as discussed in the previous fragment, 10.2.22.5) is "because of the hope of postliminy."
  2. §10.2.23.prscilicet cum cautione — A verb such as adiudicandum esse (must be awarded) is omitted here. It indicates that even if partition is allowed based on the hope of postliminy, security (cautio) must be provided against the risk of the property not actually returning.
  3. §10.2.23.prnisi si tantum aestimatus sit dubius euentus — nisi si introduces a conditional clause meaning "unless." It sets out an exception where security is not required if dubius euentus (the uncertain outcome of return) itself has been valued (with the adverbial tantum meaning "merely" or "just so much") and the risk is already factored into the valuation.

Cite this passage

Justinian I, The Digest of Justinian §10.2.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.23.pr

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