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Justinian I · The Digest of Justinian §2.8.6.pr

Invalidity of Defectively Provided Security

Passage 308 of 9271 · Latin

Summary

Based on the opinion of Paulus, this section rules that whenever security or sufficient security is defectively provided, it is not legally deemed to have been provided at all.

[PAULUS libro duodecimo ad edictum. ] §2.8.6.prQuotiens uitiose cautum uel satisdatum est, non uidetur cautum.
[PAULUS, in the twelfth book on the Edict.] Whenever security or sufficient security has been defectively provided, it is not deemed that security has been provided.

Notes

  1. §2.8.6.pruitiose cautum uel satisdatum est — cautum est and satisdatum est are impersonal passive constructions of the verbs cavere (to provide security) and satisdare (to give sufficient security). The adverb uitiose (defectively, faultily) qualifies both verbs connected by uel.
  2. §2.8.6.prnon uidetur cautum — cautum [esse] functions as the infinitive clause acting as the subject (or complement) of the copulative verb uidetur (it seems, it is deemed). The whole phrase means 'it is not deemed that security has been provided.'

Cite this passage

Justinian I, The Digest of Justinian §2.8.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.8.6.pr

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