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Justinian I · The Digest of Justinian §15.1.55.pr

Assessment of Peculium at Time of Defendant's Forcible Rescue

Passage 2314 of 9271 · Latin

Summary

In a case where the defendant of an action on peculium is forcibly rescued by a third party, it is ruled that the amount of the peculium at the time of the rescue must be taken into account.

[NERATIUS libro primo responsorum. ] §15.1.55.prIs cum quo de peculio agebam a te ui exemptus est: quod tunc cum ui eximeres in peculio fuerit, spectari.
[NERATIUS in the first book of Responses.] The person against whom I was bringing an action concerning the peculium was forcibly rescued by you: [it is held that] what was in the peculium at the time when you forcibly rescued him is to be considered.

Notes

  1. §15.1.55.prui exemptus est — A combination of the noun ui (ablative singular of vis) and the verb eximere (to take away, rescue). In the context of Roman law, it refers to the unlawful act of forcibly taking away a defendant who is bound to appear or who is under custody.
  2. §15.1.55.prspectari — The present passive infinitive of the transitive verb spectare. It functions here either as indirect speech in a jurist's response (responsum) or as an elliptical expression for an impersonal statement of obligation, i.e., 'it ought to be considered' (spectari oportet / debet). The subject is the entire noun clause introduced by the relative pronoun quod.

Cite this passage

Justinian I, The Digest of Justinian §15.1.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.55.pr

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