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Justinian I · The Digest of Justinian §27.1.39.pr

Opponent Delays and the Approval of Excuses

Passage 3980 of 9271 · Latin

Summary

It states that if a person who set out to present an excuse from guardianship was prevented from being released by a decree due to delays caused by opposition, the excuse is still to be rightly approved.

[TRYPHONINUS libro tertio decimo disputationum. ] §27.1.39.prSi cum ipse institueret, ut proferret excusationem, mora contradictionis impeditus est, quo minus decreto liberaretur, excusationem recte probari.
[TRYPHONINUS, from the thirteenth book of Disputations.] If, when he himself set about bringing forward an excuse, he was prevented by the delay of opposition from being released by a decree, the excuse is rightly approved.

Notes

  1. §27.1.39.prexcusationem recte probari — The sentence concludes with an accusative and infinitive clause (Accusativus cum Infinitivo), where a governing verb of declaring or deciding (such as 'respondetur' or 'placuit') is omitted. The sense is that the excuse is rightly approved.
  2. §27.1.39.prquo minus decreto liberaretur — A clause introduced by 'quo minus' (or 'quominus') with the subjunctive ('liberaretur'), dependent on the verb of hindering ('impeditus est'), meaning 'from being released by a decree'.

Cite this passage

Justinian I, The Digest of Justinian §27.1.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.39.pr

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