[ULPIANUS libro duodecimo ad edictum. ] §4.6.1.prHuius edicti causam nemo non iustissimam esse confitebitur: laesum enim ius per id tempus, quo quis rei publicae operam dabat uel aduerso casu laborabat, corrigitur, nec non et aduersus eos succurritur, ne uel obsit uel prosit quod euenit.
[ULPIANUS libro duodecimo ad edictum.] No one will deny that the reason for this edict is most just; for a right that was harmed during the time when someone was occupied with public affairs or was suffering from an adverse event is corrected, and relief is also granted against those, so that what happened may neither disadvantage nor advantage them.
§4.6.1.1Uerba autem edicti talia sunt: 'Si cuius quid de bonis, cum is metus aut sine dolo malo rei publicae causa abesset, inue uinculis seruitute hostiumque potestate esset: siue cuius actionis eorum cui dies exisse dicetur: item si quis quid usu suum fecisset, aut quod non utendo amisit, consecutus, actioneue qua solutus ob id, quod dies eius exierit, cum absens non defenderetur, inue uinculis esset, secumue agendi potestatem non faceret, aut cum eum inuitum in ius uocari non liceret neque defenderetur: cumue magistratus de ea re appellatus esset siue cui pro magistratu sine dolo ipsius actio exempta esse dicetur: earum rerum actionem intra annum, quo primum de ea re experiundi potestas erit, item si qua alia mihi iusta causa esse uidebitur, in integrum restituam, quod eius per leges plebis scita senatus consulta edicta decreta principum licebit. '
Now, the words of the edict are as follows: 'If any [loss] has occurred to anyone's property, while he was absent because of fear or without malicious intent for the sake of the state, or was in chains, in slavery, or under the power of enemies; or if, concerning any of them, it is said that the period for an action has expired; likewise, if anyone has acquired anything as his own by usucapion, or has obtained what another lost by non-use; or if anyone has been released from any action on the ground that its period has expired, when the absent person was not defended, or was in chains, or did not offer the opportunity of an action against himself; or when it was not lawful for him to be summoned to court against his will and he was not defended; or when a magistrate was appealed to concerning that matter; or if, for anyone, without his own malicious intent, an action is said to have been taken away by a magistrate's representative: I will grant a restoration to the original state for these matters within a year from the time when there first shall be an opportunity to bring an action on that matter, likewise if any other cause shall appear to me to be just, so far as this shall be permitted by laws, plebiscites, senatusconsults, edicts, and decrees of the emperors.'