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Justinian I · The Digest of Justinian §4.1.5.pr

Praetorian Promise of Restitution and Non-Exclusion

Passage 634 of 9271 · Latin

Summary

This section establishes the legal principle that no one is deemed excluded from a matter or right as long as the praetor promises to restore them to their former position.

[PAULUS libro septimo ad edictum. ] §4.1.5.prNemo uidetur re exclusus, quem praetor in integrum se restituturum polliceatur.
[PAULUS, on the Edict, book 7] No one is deemed to be excluded from the matter, whom the praetor promises that he will restore to his former position.

Notes

  1. §4.1.5.pruidetur — The verb uidetur is used here not merely to mean 'seems' but in the technical legal sense of 'is deemed' or 'is held to be'.
  2. §4.1.5.prre — The ablative noun re (nominative res) refers to the 'matter', 'subject-matter of the dispute', or 'substantive right' which is to be recovered through the restitution process.
  3. §4.1.5.prse restituturum — restituturum is the future active infinitive with esse omitted (restituturum esse). The reflexive pronoun se, acting as its subject accusative, refers back to the subject of the main verb praetor, meaning 'that the praetor himself (by his authority) will restore'.

Cite this passage

Justinian I, The Digest of Justinian §4.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.1.5.pr

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