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Justinian I · The Digest of Justinian §21.1.16.pr

Cured Diseases and the Determination of Redhibitory Defects

Passage 3030 of 9271 · Latin

Summary

A passage from Pomponius is cited, stating that what has been so cured as to be restored to its original state should be treated as if it had never been diseased.

[POMPONIUS libro uicesimo tertio ad Sabinum. ] §21.1.16.prQuod ita sanatum est, ut in pristinum statum restitueretur, perinde habendum est, quasi numquam morbosum esset.
[POMPONIUS in the twenty-third book on Sabinus.] That which has been so cured as to be restored to its former state is to be regarded just as if it had never been diseased.

Notes

  1. §21.1.16.prQuod ... habendum est — The relative pronoun `Quod` containing its antecedent serves as the subject, to which the gerundive construction `habendum est` expressing obligation or necessity is applied as the predicate, forming the main structure: 'That which..., is to be regarded...'.
  2. §21.1.16.prperinde ... quasi numquam morbosum esset — `perinde ... quasi` expresses a counterfactual comparison ('just as if...'), which takes the subjunctive mood. Here, the subjunctive imperfect `esset` is used to represent a hypothesis contrary to past fact (that it was once diseased).

Cite this passage

Justinian I, The Digest of Justinian §21.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.16.pr

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