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Justinian I · The Digest of Justinian §13.2.1.pr

Obligation Created by a New Law and Action Ex Lege

Passage 2069 of 9271 · Latin

Summary

Explains that when an obligation is introduced by a new law without specifying the form of action, an action must be brought based on the law itself (ex lege).

[PAULUS libro secundo ad Plautium. ] §13.2.1.prSi obligatio lege noua introducta sit nec cautum eadem lege, quo genere actionis experiamur, ex lege agendum est.
[PAULUS, On Plautius, Book II] If an obligation is introduced by a new law, and it is not provided in the same law by what class of action we should proceed, an action must be brought based on the law.

Notes

  1. §13.2.1.prcautum — An impersonal passive perfect construction (here subjunctive `cautum [sit]`), which takes the following indirect question clause `quo genere actionis experiamur` as its substantive subject or content. The verb cavere means "to provide" or "to prescribe" in legal contexts.
  2. §13.2.1.prex lege — While literally meaning "based on the law," here it refers to a specific form of action, namely the "action based on the law" (condictio ex lege). This serves as a residual remedy when a new law creates an obligation but does not prescribe a specific action for its enforcement.

Cite this passage

Justinian I, The Digest of Justinian §13.2.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.2.1.pr

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