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Justinian I · The Digest of Justinian §39.2.16.pr

Relief by Providing Security or Leaving Possession

Passage 6139 of 9271 · Latin

Summary

Paulus explains that the conduct of a person who has neither promised security nor admitted the other to possession is unpunished, provided that before the damage occurs, they either give security or withdraw from possession.

[PAULUS libro quadragensimo octauo ad edictum. ] §39.2.16.prAntequam damnum detur, impunitum est factum eius, qui neque promisit neque admisit in possessionem, si tamen ante damnum datum uel cauit uel possessione cessit.
[PAULUS in the forty-eighth book on the Edict.] Before damage is caused, the conduct of him who neither made a promise nor admitted [the other] into possession is free from penalty, provided, however, that before the damage was done he either gave security or withdrew from possession.

Notes

  1. §39.2.16.primpunitum est factum eius — factum (conduct) here widely refers to the omission or failure of the person to promise security or admit the other party into possession. impunitum (unpunished) indicates that he is not subject to the praetorian sanctions such as the final transfer of ownership or liability for damages.
  2. §39.2.16.prante damnum datum — datum is the perfect participle of datus (given), agreeing with damnum, forming an ab urbe condita construction meaning 'the infliction of damage' (before damage has been caused).

Cite this passage

Justinian I, The Digest of Justinian §39.2.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.16.pr

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