Humanitext Reader

Justinian I · The Digest of Justinian §4.6.16.pr

Discretionary Restitution: Negligence Versus Lack of Time

Passage 779 of 9271 · Latin

Summary

Paulus explains that relief of restitution should be granted not to the negligent, but only to those prevented by necessity, and that the praetor should regulate this by his discretion, granting it only if the party could not join issue due to the shortness of time.

[PAULUS libro duodecimo ad edictum. ] §4.6.16.prNon enim neglegentibus subuenitur, sed necessitate rerum impeditis.
[PAULUS libro duodecimo ad edictum.] For relief is not granted to those who are negligent, but to those who are prevented by the necessity of circumstances.
totumque istud arbitrio praetoris temperabitur, id est ut ita demum restituat, si non neglegentia, sed temporis angustia non potuerunt litem contestari.
And all this will be regulated by the discretion of the praetor; that is, that he should grant restitution only if they were unable to join issue in the lawsuit, not through negligence, but because of the shortness of time.

Notes

  1. §4.6.16.prsubuenitur — An impersonal passive verb which governs the datives neglegentibus and impeditis to indicate the persons to whom relief is granted.
  2. §4.6.16.prrestituat — A verb in the third-person singular present active subjunctive. Its subject is not explicitly stated but is understood as the praetor, supplied from the genitive praetoris in the preceding clause. The ut clause explains the concrete application of temperabitur.
  3. §4.6.16.prpotuerunt — A verb in the third-person plural perfect active. Its subject contextually refers to the parties seeking restitution (corresponding to neglegentibus and impeditis).

Cite this passage

Justinian I, The Digest of Justinian §4.6.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.16.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.