Justinian I · The Digest of Justinian §2.11.3.pr

Action Against a Private Detainer for Failure to Appear

Passage 330 of 9271 · Latin

Summary

This section explains that a person who was unable to appear in court because he was detained by a private individual is granted an action against that detainer for the amount of his interest.

[PAULUS libro sexagensimo nono ad edictum. ] §2.11.3.prsed actio ei datur aduersus eum qui detinuit in id quod eius interest.

[PAULUS, in the sixty-ninth book on the Edict.] but an action is granted to him against the person who detained him, for the amount of his interest.

Notes

§2.11.3.prin id quod eius interest — The relative clause 'quod eius interest' containing the impersonal verb 'interest' refers to the 'expectation interest' (interesse) or the loss suffered by the plaintiff due to the non-appearance. The prepositional phrase 'in id' indicates that the scope or object of the action is determined by the value of this interest.

Cite this passage

Justinian I, The Digest of Justinian §2.11.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.11.3.pr

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