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Justinian I · The Digest of Justinian §2.12.3.pr-2.12.3.2

Urgent Actions Permitted During Judicial Recess

Passage 345 of 9271 · Latin

Summary

This text explains that even during judicial recess periods such as harvests, trials can be held for matters that may perish by time or death (such as various penal actions or perishable goods), as well as trials concerning freedom and illicit gains under the guise of markets.

[IDEM libro secundo ad edictum. ] §2.12.3.prSolet etiam messis uindemiarumque tempore ius dici de rebus quae tempore uel morte periturae sunt.
[THE SAME, On the Edict, book 2] It is also customary, during the time of harvest and vintage, for justice to be administered concerning matters which are likely to perish by time or by death.
morte: ueluti furti: damni iniuriae: iniuriarum atrocium: qui de incendio ruina naufragio rate naue expugnata rapuisse dicuntur: et si quae similes sunt.
By death: as for instance, actions for theft, damage unlawfully caused, heinous injuries, against those who are said to have plundered in a fire, ruin, shipwreck, or from a raft or ship that has been captured, and any similar actions.
item si res tempore periturae sunt aut actionis dies exiturus est.
Likewise, if the things are about to perish by time, or the period for the action is about to expire.
§2.12.3.1Liberalia quoque iudicia omni tempore finiuntur.
Trials concerning freedom also are concluded at any time.
§2.12.3.2Item in eum, qui quid nundinarum nomine aduersus communem utilitatem acceperit, omni tempore ius dicitur.
Likewise, justice is administered at any time against one who, under the name of markets, has accepted anything contrary to the common utility.

Notes

  1. 2.12.3.prmorte — An ablative noun, functioning elliptically after the preceding `tempore uel morte` to introduce specific examples of actions likely to perish "by death". The subsequent genitives like `furti` are understood with an omitted noun such as `actio` (e.g., `actio furti`). These refer to penal actions (actiones poenales) which would perish upon the defendant's death if not brought before the joinder of issue (litis contestatio).
  2. 2.12.3.practionis dies exiturus est — `actionis dies` refers to the "period of the action" or "statutory limitation period", where `dies` (day, term) is the subject. The combination of the future participle `exiturus` with `est` (first periphrastic conjugation) expresses the imminent expiration of the limitation period.
  3. 2.12.3.1Liberalia quoque iudicia — Trials concerning personal status (whether one is free or a slave), known as `causa liberalis`. To avoid the detriment of leaving a person's status uncertain, an exception was made to allow these trials to be concluded (`finiuntur`) even during judicial recess periods such as harvests or holidays.

Cite this passage

Justinian I, The Digest of Justinian §2.12.3.pr-2.12.3.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.12.3.pr-2.12.3.2

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