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Justinian I · The Digest of Justinian §22.6.8.pr

Mistake of Law in Seeking Gain versus Avoiding Loss

Passage 3286 of 9271 · Latin

Summary

This text rules that while an error of fact prejudices no one, an error of law does not benefit even women in acquiring gains, although it does not prejudice anyone when it comes to avoiding the loss of their own property.

[IDEM libro primo definitionum. ] §22.6.8.prError facti ne maribus quidem in damnis uel compendiis obest, iuris autem error nec feminis in compendiis prodest: ceterum omnibus iuris error in damnis amittendae rei suae non nocet.
[THE SAME, in his first book of Definitions.] An error of fact is not prejudicial even to men, whether in losses or in gains; but an error of law does not benefit even women in the acquisition of gains; however, an error of law does not prejudice anyone in the loss of losing one's own property.

Notes

  1. §22.6.8.prne maribus quidem — The correlative adverbs ne ... quidem (not even) flank maribus (dative plural of mas, "man", which is the dative object of obest), meaning "does not prejudice even men." It emphasizes that even men, who are less favored than women in receiving relief for ignorance, are not harmed by an error of fact.
  2. §22.6.8.pramittendae rei suae — The gerundive amittendae agrees with the noun phrase rei suae (genitive singular feminine). It functions as a genitive of specification/definition modifying damnis, expressing the action "of losing one's own property."
  3. §22.6.8.promnibus — The dative plural of omnis, serving as the dative object governed by the verb nocet (from noceo, "to harm/prejudice") at the end of the sentence, meaning "does not prejudice anyone."

Cite this passage

Justinian I, The Digest of Justinian §22.6.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.6.8.pr

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