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Justinian I · The Digest of Justinian §27.6.3.pr

Inapplicability of Prejudice from Knowledge to Those Unneeding Relief

Passage 4033 of 9271 · Latin

Summary

Ulpian argues that for someone who does not require legal relief, such as in a lawsuit between wards, prior knowledge of the facts does not cause any legal prejudice.

[ULPIANUS libro duodecimo ad edictum. ] §27.6.3.prPlane si is sit qui auxilio non indiget, scientia ei non nocet, ut puta si pupillus cum pupillo egit: nam cum nihil actum sit, scientia non nocet.
[ULPIANUS libro duodecimo ad edictum.] Clearly, if he is one who does not need relief, knowledge does not prejudice him, as for example if a ward has sued a ward: for since nothing has been validly done, knowledge does not prejudice.

Notes

  1. §27.6.3.prauxilio — A ablative governed by the verb indigeo (to need, lack). In classical Latin, this verb can take either the genitive or the ablative; here, the ablative singular of the neuter noun auxilium (relief, assistance) is used.
  2. §27.6.3.prnihil actum sit — The perfect passive subjunctive (third-person singular) of the verb ago, within the causal clause introduced by cum. In a legal context, the passive of agere (to do, transact) refers to a transaction being validly or effectively carried out. Thus, it signifies that no legal action has effectively taken place.

Cite this passage

Justinian I, The Digest of Justinian §27.6.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.6.3.pr

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