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Justinian I · The Digest of Justinian §43.16.15.pr

Liability for Ejection by Force or Stealth Based on Prior Fault

Passage 7091 of 9271 · Latin

Summary

This text explains that in cases of unlawful acts committed by force or stealth, even if possession is subsequently lost without fraud or fault, the perpetrator is still liable for damages because their fault was already present in the initial act.

[PAULUS libro tertio decimo ad Sabinum. ] §43.16.15.prSi ui me deieceris uel ui aut clam feceris, quamuis sine dolo et culpa amiseris possessionem, tamen damnandus es, quanti mea intersit, quia in eo ipso culpa tua praecessit, quod omnino ui deiecisti aut ui aut clam fecisti.
[PAULUS, in the thirteenth book on Sabinus.] If you have ejected me by force, or have done something by force or stealth, even though you have lost possession without fraud or fault, you must nevertheless be condemned to the amount of my interest, because your fault preceded in that very fact, that you ejected by force at all or acted by force or stealth.

Notes

  1. §43.16.15.prquanti mea intersit — Accompanying the impersonal verb interest, the person concerned ('my') is expressed by the ablative feminine singular of the possessive pronoun mea, while the degree of concern (the amount of interest or damages) is expressed by the genitive of value quanti.
  2. §43.16.15.preo ipso culpa tua praecessit, quod omnino ui deiecisti — The quod-clause (quod... fecisti) is an appositive clause of fact explaining the concrete content of the demonstrative ablative phrase eo ipso.

Cite this passage

Justinian I, The Digest of Justinian §43.16.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.16.15.pr

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