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Justinian I · The Digest of Justinian §27.6.2.pr

Interpretation of Ignorance of the Plaintiff in the Edict

Passage 4032 of 9271 · Latin

Summary

Paulus quotes Labeo's view on the interpretation of the plaintiff's 'ignorance' in the praetor's edict, stating that it also covers cases where the plaintiff was told about the fact but in good faith did not believe it.

[PAULUS libro duodecimo ad edictum. ] §27.6.2.pr'Si id', inquit, 'actor ignorauerit'.
[PAULUS libro duodecimo ad edictum.] 'If the plaintiff was ignorant of this,' it says.
Labeo: et si dictum sit ei et bona fide non crediderit.
Labeo [says]: also if it was told to him and in good faith he did not believe it [it is the same].

Notes

  1. §27.6.2.prinquit — The subject of this verb is the praetor or the edict itself, referring back to the quotation from the edict mentioned in the preceding section.
  2. §27.6.2.pret si dictum sit ei et bona fide non crediderit — The apodosis (such as 'he is deemed ignorant' or 'reinstatement is granted') is omitted in this conditional clause. The first `et` functions as 'also' or 'even', showing Labeo's liberal interpretation that even if the plaintiff was told of the fact but did not believe it in good faith, this still falls under 'ignorance'.

Cite this passage

Justinian I, The Digest of Justinian §27.6.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.6.2.pr

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