Humanitext Reader

Justinian I · The Digest of Justinian §40.12.26.pr

Freedom Claims to Preserve Eviction Actions and Iniuria

Passage 6591 of 9271 · Latin

Summary

It states that a person who claims someone from a state of freedom into slavery is not subject to an action for damages (actio iniuriarum) if the claim is made for the purpose of preserving a lawsuit concerning eviction.

[IDEM libro uicensimo ad edictum prouinciale. ] §40.12.26.prQui ex libertate in seruitutem petit, si iudicii de euictione seruandi causa contra libertatem agit, iniuriarum actione non conuenitur.
[THE SAME, in the twentieth book on the Provincial Edict.] He who claims a person from a state of freedom into slavery is not sued by the action for damages, if he acts against that person's freedom for the purpose of preserving a lawsuit concerning eviction.

Notes

  1. §40.12.26.prQui ex libertate in seruitutem petit — The object of the verb "petit" (the person whose status is litigated) is omitted. It refers to someone who brings an action claiming that a person currently living as a free person is in fact a slave.
  2. §40.12.26.priudicii de euictione seruandi causa — This means "for the purpose (causa + genitive) of preserving (seruandi) a lawsuit (iudicii) concerning eviction (de euictione)." It refers to litigation undertaken to preserve a claim for breach of warranty of title (euictio) against a seller, or by the seller to avoid liability, when a person's free status is disputed.

Cite this passage

Justinian I, The Digest of Justinian §40.12.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.26.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.