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Justinian I · The Digest of Justinian §40.14.5.pr

Exemption from Time Limit for Patrons Unaware of Judgments

Passage 6619 of 9271 · Latin

Summary

It is determined that if a judgment in favor of freeborn status was rendered without the patron's knowledge, the patron is not barred by the five-year prescription of time from challenging it.

[IDEM libro decimo responsorum. ] §40.14.5.prPatronum post quinquennium sententiae pro ingenuitate dictae, quo ignorante res iudicata est, non esse praescriptione temporis summouendum respondi.
[THE SAME, in the Tenth Book of Opinions.] I replied that a patron, when the judgment was rendered without his knowledge, is not to be barred by the prescription of time after five years from the pronouncement of the judgment in favor of freeborn status.

Notes

  1. §40.14.5.prPatronum ... non esse ... summouendum respondi — This is an accusative with infinitive (AcI) construction serving as the object of the main verb respondi ("I replied"), where Patronum is its subject accusative and non esse ... summouendum is the passive periphrastic infinitive (with the gerundive of submoveo).
  2. §40.14.5.prpost quinquennium sententiae pro ingenuitate dictae — The genitive phrase sententiae ... dictae depends on quinquennium ("a period of five years"). Literally, "after five years of the pronounced judgment in favor of freeborn status," which idiomatically means "after five years have elapsed since the judgment was rendered."
  3. §40.14.5.prquo ignorante — An ablative absolute construction with quo (referring back to the patron, Patronum) and the present participle ignorante, meaning "he being ignorant of it" or "without his knowledge."

Cite this passage

Justinian I, The Digest of Justinian §40.14.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.14.5.pr

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