Humanitext Reader

Justinian I · The Digest of Justinian §39.1.16.pr

Inadmissibility of Actions when Work is Prohibited after Notice

Passage 6114 of 9271 · Latin

Summary

Explains that if the praetor orders a notice of new work but subsequently forbids it, no action can be brought based on the prior notice as if the edict had been violated.

[ULPIANUS libro tertio decimo ad edictum. ] §39.1.16.prSi opus nouum praetor iusserit nuntiari, deinde prohibuit, ex priore nuntiatione agi non potest, quasi aduersus edictum eius factum sit.
[ULPIANUS, On the Edict, book thirteen.] If the praetor has ordered notice of a new work to be given and has then forbidden it, no action can be brought on the basis of the prior notice as if something had been done contrary to his edict.

Notes

  1. 39.1.16.prprohibuit — Third-person singular perfect of the verb prohibeo. The object is omitted, but it refers to the praetor subsequently forbidding (or annulling) the effect of the "notice of new work" (nuntiatio).
  2. 39.1.16.pragi non potest — Impersonal passive expression using the passive infinitive of ago. While literally meaning "it cannot be pleaded/sued," in this context it means "no action can be brought."

Cite this passage

Justinian I, The Digest of Justinian §39.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.1.16.pr

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