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Justinian I · The Digest of Justinian §4.6.40.pr-4.6.40.1

Preservation of Actions for Soldiers and Relief for Exiles

Passage 803 of 9271 · Latin

Summary

Ulpian discusses that a soldier's right of action during public service is not extinguished, and that an exiled person, upon restoration, must have any non-confiscated property usurped by another during exile restored to its original status.

[ULPIANUS libro quinto opinionum. ] §4.6.40.prSi qua militi accusatio competat tempore, quo rei publicae operam dedit, non peremitur.
[ULPIANUS, Opinions, Book V] Any accusation that belongs to a soldier during the time he was engaged in public service is not extinguished.
§4.6.40.1Quod eo tempore, quo in insula aliquis fuit ex poena ei irrogata, cuius restitutionem impetrauit, ab alio usurpatum ex bonis, quae non erant adempta, probatum fuerit, suae causae restituendum est.
If it has been proved that, during the time someone was on an island due to a punishment imposed on him (from which he later obtained restitution), something was usurped by another from his property that had not been confiscated, it must be restored to its original legal status.

Notes

  1. §4.6.40.1Quod ... probatum fuerit, suae causae restituendum est — The relative pronoun `Quod` has its antecedent (neut. sing.) omitted and serves as the subject of the main verb `restituendum est`. The participle `usurpatum` agrees with `Quod` (or forms an infinitive clause as `usurpatum esse`), and together with `probatum fuerit` (future perfect passive functioning as a condition), it forms the construction 'that which has been proved to have been usurped...'.
  2. §4.6.40.1suae causae — Dative case. Here `causa` is used not as 'cause' or 'lawsuit', but as a legal term meaning 'legal status' or 'original condition of rights'. Thus, `suae causae restituere` means 'to restore to its original legal status'.

Cite this passage

Justinian I, The Digest of Justinian §4.6.40.pr-4.6.40.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.40.pr-4.6.40.1

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