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Justinian I · The Digest of Justinian §39.1.19.pr

Preservation of Actions Despite Refusal of Work Notice

Passage 6117 of 9271 · Latin

Summary

Paulus states that legal actions remain fully intact even when the execution of a new work is denied, just as they do in cases where the praetor denies the notification of a new work from the very beginning.

[PAULUS libro quaestionum. ] §39.1.19.prSciendum est denegata exsecutione operis noui nihilo minus integras legitimas actiones manere, sicut in his quoque causis manent, in quibus ab initio operis noui denuntiationem praetor denegat.
[PAULUS, Questions.] It should be known that, even if the execution of a new work is denied, legal actions nevertheless remain intact, just as they remain also in those cases in which the praetor from the beginning denies the notification of a new work.

Notes

  1. 39.1.19.prdenegata exsecutione operis noui — An ablative absolute clause, functioning here with a concessive or conditional force ("even if the execution of a new work is denied"). Here, 'exsecutio' refers to the carrying out or continuation of the work.
  2. 39.1.19.printegras — A predicative adjective in the accusative feminine plural, agreeing with 'legitimas actiones', which is the subject of the infinitive 'manere' in the main indirect statement (A.C.I.) governed by 'sciendum est'. It means "intact" or "in their entirety".

Cite this passage

Justinian I, The Digest of Justinian §39.1.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.1.19.pr

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