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Justinian I · The Digest of Justinian §4.6.46.pr

Restoration Between Persons Absent on Public Business

Passage 809 of 9271 · Latin

Summary

It states that a person absent on public service should be granted restoration even against another person likewise absent on public service, provided they have a just complaint regarding some loss.

[MARCIANUS libro secundo regularum. ] §4.6.46.prQui rei publicae causa afuit, etiam aduersus eum, qui pariter rei publicae causa afuerit, restituendus est, si aliquid damni iuste queritur.
[MARCIANUS, Rules, Book II] A person who was absent on public service must be restored to his original position, even against one who was likewise absent on public service, if he justly complains of any loss.

Notes

  1. §4.6.46.praliquid damni — A partitive genitive construction, in which the genitive singular "damni" (of loss) depends on the neuter pronoun "aliquid" (something), meaning "any loss."
  2. §4.6.46.prrestituendus est — A passive periphrastic conjugation (gerundive with "est") expressing obligation or necessity ("must be restored"). In the Roman legal context, it refers to the eligibility to receive the relief of "restitutio in integrum" (restoration to the original state) granted by the praetor.

Cite this passage

Justinian I, The Digest of Justinian §4.6.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.46.pr

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