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Justinian I · The Digest of Justinian §4.1.8.pr

Differences in Restitution for Minors and Public Absentees

Passage 637 of 9271 · Latin

Summary

The text compares restitution for minors under twenty-five and those absent on public business, noting that the latter, if represented by agents, are relieved only to the extent of being allowed to appeal.

[MACER libro secundo de appellationibus. ] §4.1.8.prInter minores uiginti quinque annis et eos qui rei publicae causa absunt hoc interest, quod minores annis etiam qui per tutores curatoresue suos defensi sunt, nihilo minus in integrum contra rem publicam restituuntur, cognita scilicet causa: ei uero qui rei publicae causa absit, ceteris quoque qui in eadem causa habentur, si per procuratores suos defensi sunt, hactenus in integrum restitutione subueniri solet, ut appellare his permittatur.
[MACER, On Appeals, book 2] There is this difference between minors under twenty-five years of age and those who are absent on public business: that minors, even if they have been defended by their tutors or curators, are nonetheless restored to their former position against the state, provided, of course, that the case has been investigated; whereas for one who is absent on public business, and likewise for others who are held to be in the same position, if they have been defended by their agents, it is customary for them to be relieved by restitution to their former position only to the extent that they are permitted to appeal.

Notes

  1. §4.1.8.prcontra rem publicam — Translated as "against the state" or "against the public decision." While some manuscript traditions read simply contra rem ("against the transaction"), the retention of publicam indicates restitution directed against the state or public proceedings.
  2. §4.1.8.prhactenus ... ut — A restrictive syntax meaning "only to the extent that..." where the following ut-clause restricts the scope of the main clause. It limits the relief granted to absentees represented by agents, allowing them only the right to appeal rather than full restitution.
  3. §4.1.8.prei uero qui ... subueniri solet — The passive impersonal verb subueniri solet ("it is customary for relief to be given") governs the datives ei (the absentee) and ceteris (others). The conditional clause si ... defensi sunt applies to these dative referents being defended by their agents.

Cite this passage

Justinian I, The Digest of Justinian §4.1.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.1.8.pr

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