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Justinian I · The Digest of Justinian §4.7.7.pr

Delictual Nature and the One-Year Limit on Recovery

Passage 816 of 9271 · Latin

Summary

Gaius explains that a certain action is subject to a one-year time limit because, although it aims at the recovery of property, it is regarded as arising from a delict.

[GAIUS libro quarto ad edictum prouinciale. ] §4.7.7.prquia pertinet quidem ad rei persecutionem, uidetur autem ex delicto dari.
[GAIUS, On the Provincial Edict, Book IV] for, although it indeed relates to the recovery of property, it is nevertheless regarded as being granted on account of a delict.

Notes

  1. §4.7.7.prrei persecutionem — The phrase "rei persecutio" (recovery of property) is a technical term in Roman law referring to actions (*actiones rei persecutoriae*) aimed at recovering lost assets or obtaining compensation for damage, in contrast to penal actions (*actiones poenales*) aimed at imposing a penalty.
  2. §4.7.7.pruidetur autem ex delicto dari — The verb "uidetur" (passive of "uidere") is used personally in the third person singular, forming a personal construction with the passive infinitive "dari" (nominative with infinitive). It means "it (the action in question) is regarded as being granted on account of a delict", rather than an impersonal "it seems that...".

Cite this passage

Justinian I, The Digest of Justinian §4.7.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.7.7.pr

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