Humanitext Reader

Justinian I · The Digest of Justinian §4.6.25.pr

Application of Rules to Those Prevented by Multitude of Affairs

Passage 788 of 9271 · Latin

Summary

It states that the same provision applies also to a person who is unable to face a lawsuit not out of a desire to evade, but simply because he is distracted by a multitude of affairs.

[GAIUS libro quarto ad edictum prouinciale. ] §4.6.25.prQuod quidem simili modo ad eum quoque pertinere dicemus, qui non frustrandi gratia id faceret, sed quod multitudine rerum distringeretur.
[GAIUS in the fourth book on the Provincial Edict.] We shall indeed say that this applies in like manner also to him who does this not for the purpose of evasion, but because he is distracted by a multitude of affairs.

Notes

  1. §4.6.25.prfaceret ... distringeretur — The subjunctive imperfect is used here to characterize a hypothetical type of person ("one who would do this not for evasion, but because he is distracted..."), rather than referring to a specific individual. Additionally, the subjunctive in the `quod` clause (`distringeretur`) indicates a subjective reason alleged by the person.

Cite this passage

Justinian I, The Digest of Justinian §4.6.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.25.pr

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