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Justinian I · The Digest of Justinian §27.9.10.pr

Barring Recovery of Sold Land upon Payment of Damages

Passage 4069 of 9271 · Latin

Summary

If a ward's or minor's estate was unlawfully sold, but damages were already assessed and paid in a guardianship or useful action, the recovery of the estate is barred based on equity.

[IDEM libro sexto opinionum. ] §27.9.10.prIllicite post senatus consultum pupilli uel adulescentis praedio uenumdato, si eo nomine apud iudicem tutelae uel utilis actionis aestimatio facta est eaque soluta, uindicatio praedii ex aequitate inhibetur.
[THE SAME, in the sixth book of Opinions.] If, after the senatusconsultum, the estate of a ward or a minor has been unlawfully sold, and if on that account an assessment of damages has been made before the judge of a guardianship action or of a useful action, and the amount has been paid, the recovery of the estate is barred on the ground of equity.

Notes

  1. §27.9.10.prtutelae uel utilis actionis — tutelae is a genitive representing the omission of actio tutelae (action of guardianship), or referring to the relationship of guardianship itself as the subject of litigation. Along with the genitive utilis actionis ("of a useful action"), it modifies iudicem (judge).
  2. §27.9.10.praestimatio facta est eaque soluta — aestimatio refers to the pecuniary assessment or valuation of damages. eaque soluta contains an ellipsis of est (soluta est). This denotes that the financial compensation has already been completed, which serves as the basis for restricting the recovery claim ex aequitate (on the ground of equity) in the main clause.

Cite this passage

Justinian I, The Digest of Justinian §27.9.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.9.10.pr

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