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Justinian I · The Digest of Justinian §43.16.5.pr

Inapplicability of the Interdict to Forced Transfer

Passage 7081 of 9271 · Latin

Summary

Presents Pomponius' view that if possession is delivered under duress, the interdict *unde vi* is inapplicable, as a person forced to deliver possession is not considered physically ejected.

[IDEM libro undecimo ad edictum. ] §43.16.5.prSi per uim tibi possessionem tradidero, dicit Pomponius unde ui interdictum cessare, quoniam non est deiectus, qui compulsus est in possessionem inducere.
[IDEM libro undecimo ad edictum.] If I have delivered possession to you through force, Pomponius says that the interdict *unde vi* does not apply, since he who was compelled to put [you] into possession has not been ejected.

Notes

  1. §43.16.5.prunde ui — An abbreviated expression referring to the interdict *unde vi* ("from where by force"), a possessory remedy used by a person who has been violently ejected from possession to recover it.
  2. §43.16.5.prin possessionem inducere — The direct object of the infinitive `inducere` (the person to be put into possession) is omitted but refers back to `tibi` (to you) in the main clause. The entire relative clause `qui compulsus est...` ("he who was compelled to put [someone] into possession") is contrasted with `deiectus` (one who has been ejected).

Cite this passage

Justinian I, The Digest of Justinian §43.16.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.16.5.pr

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