Humanitext Reader

Justinian I · The Digest of Justinian §13.6.2.pr

Action on Loan and Action for Production against Insane

Passage 2116 of 9271 · Latin

Summary

Explains that the action on loan is not granted against an insane person, but an action for production will be allowed against them in order to vindicate the thing.

[PAULUS libro uicensimo nono ad edictum. ] §13.6.2.prNec in furiosum commodati actio danda est.
[PAUL, from the twenty-ninth book on the Edict.] Nor must an action on loan be granted against a madman.
sed ad exhibendum aduersus eos dabitur, ut res exhibita uindicetur.
But an action for production will be granted against them, so that the produced thing may be vindicated.

Notes

  1. §13.6.2.praduersus eos — Although it refers to the singular 'furiosum' (madman), the pronoun is in the plural 'eos' (them). This is a construction according to sense (constructio ad sensum), treating the madman as a generic class.
  2. §13.6.2.pruindicetur — Subjunctive passive third-person singular. It means to be claimed or recovered by an action for recovery of property (rei vindicatio). The action for production (actio ad exhibendum) is a preliminary step to enable such a claim.

Cite this passage

Justinian I, The Digest of Justinian §13.6.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.6.2.pr

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