Humanitext Reader

Justinian I · The Digest of Justinian §10.4.13.pr

Inapplicability of Action and Use of Interdict for Detained Free Persons

Passage 1739 of 9271 · Latin

Summary

This passage explains that when a free person is detained, the action for production is unavailable as it requires a pecuniary interest, and instead, a public interdict for production can be obtained by anyone.

[GAIUS libro ad edictum praetoris urbani titulo de liberali causa. ] §10.4.13.prSi liber homo detineri ab aliquo dicatur, interdictum aduersus eum, qui detinere dicitur, de exhibendo eo potest quis habere: nam ad exhibendum actio in eam rem inutilis uidetur, quia haec actio ei creditur competere, cuius pecuniariter interest.
[GAIUS from the book on the edict of the urban praetor, under the title "on cases concerning freedom".]If a free person is said to be detained by someone, anyone can have an interdict for his production against the one who is said to detain him; for the action for production seems useless in this matter, because this action is believed to belong to him who has a pecuniary interest.

Notes

  1. 10.4.13.printerdictum ... de exhibendo eo — This refers to the "interdict for producing a free person" (interdictum de homine libero exhibendo). Since this interdict is granted in the public interest to anyone (similar to a popular action), the subject is quis, meaning "anyone."
  2. 10.4.13.prcuius pecuniariter interest — The impersonal verb interest (it concerns / is of interest to) takes the genitive of the person concerned (here, the relative pronoun cuius). Combined with the adverb pecuniariter (pecuniarily), it indicates that the action for production is restricted to those who have a financial interest.

Cite this passage

Justinian I, The Digest of Justinian §10.4.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.4.13.pr

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