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Justinian I · The Digest of Justinian §4.6.44.pr

Denial of Restitution for Losses Independent of Absence

Passage 807 of 9271 · Latin

Summary

Dictates that a person absent on public service is not entitled to restitution for a loss that they would have suffered anyway, even if they had not been absent.

[PAULUS libro secundo ad Sabinum. ] §4.6.44.prIs, qui rei publicae causa abest, in aliqua re laesus non restituitur, in qua, etiam si rei publicae causa non afuisset, damnum erat passurus.
[PAULUS, On Sabinus, Book II] He who is absent on public service is not granted restitution for an injury suffered in a matter in which he would have suffered loss even if he had not been absent on public service.

Notes

  1. §4.6.44.prdamnum erat passurus — This is the apodosis of the counterfactual conditional clause `etiam si ... non afuisset` (subjunctive pluperfect). Instead of the standard subjunctive pluperfect (`passus esset`), the imperfect indicative of the active future periphrastic conjugation (`erat passurus`, 'was going to suffer') is used to emphasize the objective certainty or inevitability of the loss.

Cite this passage

Justinian I, The Digest of Justinian §4.6.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.44.pr

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