Humanitext Reader

Justinian I · The Digest of Justinian §42.5.36.pr

Definition of Concealment and Flight to Avoid Creditors

Passage 6985 of 9271 · Latin

Summary

Ulpian explains what constitutes "concealment" (latitare), stating that hiding, fleeing to avoid a lawsuit, or remaining in Rome while avoiding contact with creditors all amount to the same thing.

[ULPIANUS libro quadragesimo quinto ad Sabinum. ] §42.5.36.prEum, qui circa columnas se occultet, ut creditorem euitet, latitare placet: nam et eum, qui recedit, hoc est qui supterfugit, ne secum aliqua actio moueatur, latitare placet: tam et qui urbe profugit, utique fraudandi causa: nec enim interest, quod attinet ad latitandum, utrum quis profugerit an uero Romae agens copiam sui non facit.
[ULPIAN in his forty-fifth book on Sabinus.] It is held that a person who hides himself around columns in order to avoid his creditor is in concealment; for it is also held that a person who withdraws, that is, who flees, so that no action may be brought against him, is in concealment; and likewise a person who flees from the city, especially for the purpose of defrauding. For as far as concealment is concerned, it makes no difference whether someone has fled, or indeed, while living in Rome, does not make himself available.

Notes

  1. §42.5.36.prlatitare placet — The impersonal verb placet indicates an established legal opinion or doctrine. It governs the accusative and infinitive construction (eum... latitare), meaning "it is held/agreed that a person is in concealment."
  2. §42.5.36.prcopiam sui non facit — An idiomatic expression combining copia (opportunity, availability) and the genitive pronoun sui (of oneself), meaning "he does not make himself available," i.e., refusing to allow creditors to meet or serve legal process on him.

Cite this passage

Justinian I, The Digest of Justinian §42.5.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.36.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.