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Justinian I · The Digest of Justinian §16.1.3.pr

Defense of Those with Recourse and Exceptions to Intercession

Passage 2349 of 9271 · Latin

Summary

Paulus explains that if a woman defends someone who would have a right of recourse against her upon being condemned, such as her seller or surety, she is not deemed to intercede.

[PAULUS libro trigensimo ad edictum. ] §16.1.3.prSed si eum defendat, qui damnatus regressum ad eam habeat, ueluti cum uenditorem hereditatis sibi uenditae uel fideiussorem suum defendat, intercedere non uidetur.
[PAULUS, On the Edict, book 30] But if she should defend someone who, if condemned, would have recourse against her, as for example when she defends the seller of an inheritance sold to her or her own surety, she is not deemed to intercede.

Notes

  1. §16.1.3.prregressum — Denotes "recourse" or "right of recovery". If the person defended (the seller or surety) is condemned, they have a right to recover their loss from the woman. Thus, her defense of them is effectively a protection of her own financial interest (suum negotium) and does not constitute "intercession" (intercessio) on behalf of another, which is forbidden by the Senatusconsultum Velleianum.
  2. §16.1.3.prsibi — The dative form of the third-person reflexive pronoun, used here as an indirect reflexive referring to the subject of the main clause (the woman who is the subject of defendat). It means "sold to herself."

Cite this passage

Justinian I, The Digest of Justinian §16.1.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.3.pr

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