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Justinian I · The Digest of Justinian §39.2.8.pr

Relief for Failure to Demand Security Due to Impediment

Passage 6129 of 9271 · Latin

Summary

Gaius states that the remedy mentioned in the previous section applies only when the victim failed to provide for themselves due to some impediment, rather than through their own negligence.

[GAIUS ad edictum praetoris urbani titulo de damno infecto. ] §39.2.8.prQuod forte tunc recte dicetur, cum non ipsius neglegentia, sed propter aliquod impedimentum sibi non prospexit.
[GAIUS on the edict of the urban praetor under the title on damage not yet done.] This will perhaps be correctly said then, when it was not through his own negligence, but because of some impediment that he did not provide for himself.

Notes

  1. §39.2.8.prQuod — The relative pronoun Quod at the beginning of the sentence is a connecting relative (used to link sentences) and refers back to the applicability of the special remedy discussed in the preceding section (D. 39.2.7.2) for a victim who did not obtain security before the collapse.
  2. §39.2.8.prsibi non prospexit — The verb prospicio (taking the dative sibi) means 'to provide for/guard against in advance,' corresponding to the purpose of the edict (prospicit damno nondum facto) in Ulpian's commentary (D. 39.2.7.1). Here it refers to the party requesting security from the praetor to protect their own interest.

Cite this passage

Justinian I, The Digest of Justinian §39.2.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.8.pr

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