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Justinian I · The Digest of Justinian §2.4.19.pr

Possession of Goods and Summoning a Defendant in Hiding

Passage 283 of 9271 · Latin

Summary

Paulus states that a defendant who hides is sufficiently penalized by his adversary being put in possession of his goods, but quotes Julian's opinion that a defendant can be rightly summoned if he allows access or is seen from a public place.

[PAULUS libro primo ad edictum. ] §2.4.19.prSatisque poenae subire eum, si non defendatur et latitet, certum est, quod mittitur aduersarius in possessionem bonorum eius.
[PAULUS, in the first book on the Edict.] And it is certain that he undergoes sufficient penalty, if he is not defended and hides, because his adversary is put into possession of his goods.
sed si aditum ad se praestet aut ex publico conspiciatur, recte in ius uocari eum Iulianus ait.
But if he allows access to himself or is seen from a public place, Julian says that he is rightly summoned to court.

Notes

  1. §2.4.19.prsatis poenae — Consists of the adverb `satis` used as a neuter noun and the partitive genitive `poenae`. The entire phrase functions as the direct object of the infinitive `subire`, and the accusative-and-infinitive clause `eum subire...` serves as the subject of `certum est`.
  2. §2.4.19.prdefendatur — Present passive subjunctive. It refers to not being defended, either by the defendant himself or by a representative/attorney in his absence. In Roman law, a defendant could avoid personal appearance by appointing a representative, but this verb covers the failure to do even that.
  3. §2.4.19.prmittitur aduersarius in possessionem bonorum eius — A technical legal term referring to the "sending into possession of goods" (missio in possessionem) in Roman civil procedure. When a defendant hid (latitatio) and was not defended, the magistrate (praetor) would grant the plaintiff (aduersarius) possession and control of the defendant's property, which constituted the "sufficient penalty."

Cite this passage

Justinian I, The Digest of Justinian §2.4.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.4.19.pr

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