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Justinian I · The Digest of Justinian §40.16.2.pr-40.16.2.4

Five-Year Limit and Criteria for Collusion Claims

Passage 6626 of 9271 · Latin

Summary

Ulpian explains the five-year time limit for detecting collusion regarding freeborn status after a judgment, detailing its continuity, age-based exceptions, and the eligibility of third parties.

[ULPIANUS libro secundo de officio consulis. ] §40.16.2.prConlusionem detegere ingenuitatis post sententiam intra quinquennium posse diuus Marcus constituit.
[ULPIAN, in the second book on the Office of Consul.] The Divine Marcus decided that it is possible to detect collusion regarding freeborn status within five years after the judgment.
§40.16.2.1Quinquennium autem continuum utique accipiemus.
However, we shall certainly understand this five-year period as continuous.
§40.16.2.2Sicubi plane aetas eius, cuius retractatur conlusio, differendam retractationem in tempus pubertatis uel alterius rei suadeat, quinquennium non currere dicendum est.
Clearly, if the age of the person whose collusion is being re-examined should suggest that the re-examination ought to be deferred until the age of puberty or for some other reason, it must be said that the five-year period does not run.
§40.16.2.3Quinquennium autem non ad perficiendam retractationem, sed ad inchoandam puto praefinitum: aliter atque circa eum, qui ex libertinitate se in ingenuitatem petit.
Moreover, I think that the five-year period is prescribed not for completing the re-examination, but for initiating it; which is different from the case of one who claims himself to be freeborn from the status of a freedman.
§40.16.2.4Oratione diui Marci cauetur, ut etiam extraneis, qui pro altero postulandi ius haberent, liceret detegere collusionem.
By the address of the Divine Marcus it is provided that even outsiders, who have the right to bring actions on behalf of another, are permitted to detect collusion.

Notes

  1. 40.16.2.1continuum — This refers to "tempus continuum" (continuous time) in legal terminology, meaning that the period runs continuously according to the calendar, including days on which legal action cannot be taken, as opposed to "tempus utile" (available time) which only counts days when action is possible.
  2. 40.16.2.2differendam retractationem — This is an accusative with infinitive clause functioning as the object of "suadeat", with "esse" omitted ("differendam esse retractationem"). It means "(if the age) suggests that the re-examination ought to be deferred."
  3. 40.16.2.3aliter atque — An idiomatic expression of comparison meaning "otherwise than" or "differently from." Here, it highlights the difference from the procedure concerning a freedman who claims to be freeborn.
  4. 40.16.2.4postulandi — The genitive gerund of the verb "postulo" (to make a representation/bring an action in court), modifying the noun "ius" (right), meaning "the right of making representations."
  5. 40.16.2.4postulandi — The genitive gerund of the verb "postulo" (to make a representation/bring an action in court), modifying the noun "ius" (right), meaning "the right of making representations."

Cite this passage

Justinian I, The Digest of Justinian §40.16.2.pr-40.16.2.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.16.2.pr-40.16.2.4

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