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Justinian I · The Digest of Justinian §4.4.8.pr

Restitution for Minors Condemned for Contumacy

Passage 710 of 9271 · Latin

Summary

This section states that a minor can implore the aid of restoration to his original condition even if he has been condemned as if for contumacy.

[HERMOGENIANUS libro primo iuris epitomarum. ] §4.4.8.prMinor etiam si quasi contumax condemnatus sit, in integrum restitutionis auxilium implorabit.
[HERMOGENIANUS in the first book of the Epitomes of Law.] A minor, even if he has been condemned as if for contumacy, will implore the aid of restoration to his original condition.

Notes

  1. 4.4.8.prquasi contumax — The word contumax here refers to a "contumacious" or disobedient party who fails to appear in court after being summoned. The phrase quasi contumax condemnatus sit describes a situation where a party is condemned as if in default or for contempt of court, regardless of actual intent. Even against such procedural disadvantages, a minor is allowed to seek the remedy of restoration to the original condition (in integrum restitutio).

Cite this passage

Justinian I, The Digest of Justinian §4.4.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.8.pr

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