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Justinian I · The Digest of Justinian §43.4.2.pr-43.4.2.1

Acting in One's Own or Another's Name in Obstruction

Passage 7038 of 9271 · Latin

Summary

It stipulates that it does not matter whether the person prevented from entering possession was acting in his own name or another's, as the valuation refers to the owner, and that the preventer is equally liable whether acting in his own name or another's.

[PAULUS libro quinquagesimo nono ad edictum. ] §43.4.2.prSuo quis an alieno nomine prohibitus sit, nihil interest: haec enim uerba 'quanti ea res est' referenda sunt ad personam domini.
[PAULUS, on the Edict, book fifty-nine.] It makes no difference whether someone has been prevented in his own name or in that of another; for these words 'how much the matter is worth' are to be referred to the person of the owner.
§43.4.2.1Item tam is tenetur, qui suo nomine, quam qui alieno nomine prohibuit.
Likewise, he who has prevented in his own name is just as much liable as he who has done so in the name of another.

Notes

  1. §43.4.2.prSuo quis an alieno nomine prohibitus sit — This is an indirect question clause serving as the subject of the impersonal verb phrase 'nihil interest'. 'suo' and 'alieno' modify 'nomine', and 'an' introduces the alternative indirect question ('whether in his own name or in that of another').
  2. §43.4.2.1tam is tenetur, qui suo nomine, quam qui alieno nomine prohibuit — This is a correlative construction 'tam ... quam ...', indicating that the former (he who prevented in his own name) and the latter (he who prevented in the name of another) are equally liable. 'tenetur' (is bound/liable) means being subject to the action under this edict. The verb 'prohibuit' is explicit in the second relative clause, but is omitted and understood from the context in the first relative clause.

Cite this passage

Justinian I, The Digest of Justinian §43.4.2.pr-43.4.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.4.2.pr-43.4.2.1

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