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Justinian I · The Digest of Justinian §4.6.12.pr

Status Suits and Exclusion from the Edict

Passage 775 of 9271 · Latin

Summary

This section discusses the point at which a person litigating their status is excluded from the edict's scope, and their presumed servitude prior to the commencement of such a suit.

[ULPIANUS libro duodecimo ad edictum. ] §4.6.12.prIs autem, qui de statu suo litigat, ex quo lis inchoata est hoc edicto non continetur: tamdiu igitur in seruitute esse uidetur, quamdiu non est eiusmodi lis coepta.
[ULPIANUS libro duodecimo ad edictum.] But a person who is litigating about his status is not, from the time when the suit was commenced, included in this edict; therefore, he is deemed to be in a state of servitude so long as such a suit has not been commenced.

Notes

  1. §4.6.12.prex quo — An elliptical expression for 'ex quo tempore', meaning 'from the time when' or 'since'. It indicates the point in time from which the person is no longer covered by this edict.
  2. §4.6.12.prtamdiu ... quamdiu — Correlative adverbs meaning 'as long as... so long...'. It expresses an exclusive temporal limitation: so long as such a suit has not commenced (quamdiu... non...), during that entire period he is deemed to be in servitude (tamdiu... uidetur).
  3. §4.6.12.presse uidetur — The passive 'uidetur' is used in a personal construction with the subject 'is' (the person litigating his status) from the preceding clause. Rather than a subjective 'he seems to be', it denotes a legal determination: 'he is deemed/regarded to be'.

Cite this passage

Justinian I, The Digest of Justinian §4.6.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.12.pr

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