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Justinian I · The Digest of Justinian §4.6.27.pr

Restitution for Lost Gains as Well as Lost Property

Passage 790 of 9271 · Latin

Summary

Paulus states that restitution should be granted not only for the actual loss of property but also for the failure to make a gain, even if there is no direct depletion of one's existing estate.

[PAULUS libro duodecimo ad edictum. ] §4.6.27.prEt siue quid amiserit uel lucratus non sit, restitutio facienda est, etiam si non ex bonis quid amissum sit.
[PAULUS in the twelfth book on the Edict.] And whether one has lost something or has not made a gain, restitution must be made, even if nothing has been lost from one's estate.

Notes

  1. 4.6.27.prlucratus non sit — Perfect subjunctive of the deponent verb `lucror` (to make a gain), with active meaning. It is contrasted with the preceding `amiserit` (lost), referring to the failure to make an expected gain (lucrum cessans) rather than an active loss of existing property.
  2. 4.6.27.prex bonis — Ablative of the noun `bona` (property, estate) governed by the preposition `ex`. It refers to a direct depletion or deduction from one's existing active assets.

Cite this passage

Justinian I, The Digest of Justinian §4.6.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.27.pr

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