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Justinian I · The Digest of Justinian §42.1.34.pr

Actions for Obstructing Supplies to a Detained Debtor

Passage 6886 of 9271 · Latin

Summary

This text rules on the legal remedies (either an equitable penal action or an action for injury) available against anyone who prevents food or bedding from being supplied to a judgment debtor.

[LICINNIUS RUFINUS libro tertio decimo regularum. ] §42.1.34.prSi uictum uel stratum inferri quis iudicato non patiatur, utilis in eum poenalis actio danda est uel, ut quidam putant, iniuriarum cum eo agi poterit.
[LICINNIUS RUFINUS, in the thirteenth book of Rules.] If anyone does not allow food or bedding to be brought in to a person who has been judged, an equitable penal action is to be granted against him, or, as some think, he can be sued for injury.

Notes

  1. §42.1.34.priudicato — The dative singular of the perfect passive participle iudicatus used substantively, referring to 'a person who has been judged' (specifically, a judgment debtor held in custody). It functions as a dative of interest/reference with the passive infinitive inferri.
  2. §42.1.34.priniuriarum — The genitive plural of the feminine noun iniuria (injury, outrage). This is a genitive of charge or type of action used with the passive infinitive agi (to be pleaded/sued), meaning 'a lawsuit concerning injuries can be brought'.

Cite this passage

Justinian I, The Digest of Justinian §42.1.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.34.pr

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