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Justinian I · The Digest of Justinian §42.1.12.pr

Cession of Actions to Relieve a Condemned Defendant

Passage 6863 of 9271 · Latin

Summary

Explains that in actions of deposit or loan for use, even if the object is absent, it is customary to grant relief to the condemned defendant by having the owner cede his own actions to him.

[MARCELLUS libro quarto digestorum. ] §42.1.12.prIn depositi uel commodati iudicio, quamquam dolo aduersarii res absit, condemnato succurri solet, ut ei actionibus suis dominus cedat.
[MARCELLUS in the fourth book of the Digests.]\n\nIn an action on deposit or loan for use, although the thing is absent through the malice of the opposing party, it is customary for relief to be granted to the condemned defendant, so that the owner cedes his own actions to him.

Notes

  1. §42.1.12.prcondemnato succurri solet — The verb succurrere governs the dative case. Here, its passive infinitive succurri is used impersonally (literally, 'it is customary for help to be brought'), and condemnato is the dative of benefit serving as its logical object ('to the condemned defendant').
  2. §42.1.12.practionibus suis dominus cedat — The verb cedere is used here with a dative (ei) and an ablative (actionibus suis) to mean 'to cede (something) to (someone)'. The ut-clause specifies the substance of the relief (succurri) whereby the owner (dominus) transfers his claims against third parties to the condemned defendant who has been made to pay damages.

Cite this passage

Justinian I, The Digest of Justinian §42.1.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.12.pr

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