Humanitext Reader

Justinian I · The Digest of Justinian §44.7.32.pr

Concurrence of Multiple Actions Arising from a Single Delict

Passage 7317 of 9271 · Latin

Summary

Explains the legal principle that when multiple actions arise from a single delict, as in the case of stealthily felled trees, it is permitted to bring all of them, established after much controversy.

[HERMOGENIANUS libro secundo iuris epitomarum. ] §44.7.32.prCum ex uno delicto plures nascuntur actiones, sicut euenit, cum arbores furtim caesae dicuntur, omnibus experiri permitti post magnas uarietates optinuit.
[HERMOGENIANUS, from his second book of Epitomes of Law.] When several actions arise from a single delict, as occurs when trees are said to have been stealthily cut down, it has been established after great controversies that permission is given to bring all of them.

Notes

  1. §44.7.32.proptinuit — Used impersonally here to mean "it has been established" or "it has become the rule." The following infinitive phrase, omnibus experiri permitti, serves as the logical subject of this verb.
  2. §44.7.32.promnibus experiri — The deponent verb experiri ("to try," "to bring an action") here governs the ablative (or dative) case. Since omnibus refers back to the plures actiones, it means "to bring/sue on all of them (the actions)." This phrase serves as the subject or complement of the passive infinitive permitti ("to be permitted").
  3. §44.7.32.prarbores furtim caesae dicuntur — A personal construction of a passive verb with a nominative and infinitive (with esse omitted): literally, "when trees are said to have been stealthily cut down." This describes the specific legal scenario where such a delict is alleged.

Cite this passage

Justinian I, The Digest of Justinian §44.7.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.32.pr

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