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Justinian I · The Digest of Justinian §43.16.19.pr

Loss of Movables after Violent Expulsion and Restitution

Passage 7095 of 9271 · Latin

Summary

It explains the opinion of Iulianus that if a person is expelled from land by force, even if the movable goods (such as slaves or cattle) therein are subsequently lost by accident or death, the wrongdoer bears the burden of restoring them because they are liable from the very moment of the delict.

[TRYPHONINUS libro quinto decimo disputationum. ] §43.16.19.prMerito Iulianus respondit, si me de fundo ui deieceris, in quo res mouentes fuerunt, cum mihi interdicto unde ui restituere debeas non solum possessionem soli, sed et ea quae ibi fuerunt, quamquam ego moram fecero, quo minus interdicto te conuenirem, subtractis tamen mortalitate seruis aut pecoribus aliisue rebus casu intercidentibus tuum tamen onus nihilo minus in eis restituendis esse, quia ex ipso tempore delicti plus quam frustrator debitor constitutus es.
[TRYPHONINUS, in the fifteenth book of Disputations.] Julius rightly answered that if you have expelled me by force from a tract of land in which there were movable things, since you ought under the interdict unde vi to restore to me not only the possession of the soil but also those things which were there, even though I may have delayed in bringing an action against you under the interdict, nevertheless, even if slaves or cattle have been lost by death, or other things have perished by accident, the burden of restoring them is nonetheless yours, because from the very moment of the delict you are established as something more than a defaulting debtor.

Notes

  1. §43.16.19.prtuum tamen onus nihilo minus in eis restituendis esse — This forms the core of the accusative-with-infinitive (A.C.I.) construction depending on the main verb respondit. The neuter noun onus is the subject accusative, and esse is the infinitive verb. The phrase in eis restituendis is a gerundive construction in the ablative case.
  2. §43.16.19.prsubtractis tamen mortalitate seruis aut pecoribus aliisue rebus casu intercidentibus — A complex ablative absolute construction expressing concession. The perfect passive participle subtractis takes seruis, pecoribus, and rebus as its logical subjects in the ablative. The present active participle casu intercidentibus (perishing by accident) modifies these nouns (especially rebus).
  3. §43.16.19.prquo minus interdicto te conuenirem — Following the expression of delay moram fecero, the conjunction quo minus introduces a clause with the subjunctive conuenirem (imperfect, first-person singular) to mean "prevented from summoning you" or "delaying so as not to sue you."

Cite this passage

Justinian I, The Digest of Justinian §43.16.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.16.19.pr

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