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Justinian I · The Digest of Justinian §44.7.36.pr

Inapplicability of Infamy in Actions for Recovery

Passage 7321 of 9271 · Latin

Summary

Explains that in condictions (actions for recovery), even if they arise from causes that normally entail infamy, the penalty of infamy (ignominia) does not apply.

[ULPIANUS libro secundo ad edictum. ] §44.7.36.prCessat ignominia in condictionibus, quamuis ex famosis causis pendeant.
[ULPIAN, from his second book on the Edict.] Infamy does not occur in condictions, even though they may depend on causes that involve infamy.

Notes

  1. §44.7.36.prignominia — Refers to "infamy" (infamia) in Roman law. It is a legal disqualification (such as being barred from acting as an advocate or representative in civil trials) imposed on those who lost certain types of lawsuits (such as theft, fraud, or breach of mandate).
  2. §44.7.36.prcondictionibus — Refers to "condictions" (condictio), strict law actions for the recovery of a specific thing or a certain sum of money. Losing this action does not in itself entail the penalty of infamy.
  3. §44.7.36.prquamuis ex famosis causis pendeant — The conjunction quamuis forms a concessive clause with the subjunctive verb pendeant (3rd person plural), whose subject is the preceding condictiones. famosae causae refers to causes of action that involve infamy (e.g., theft). It indicates that even when a condictio is brought based on an unlawful act which would normally entail infamy (e.g., condictio ex causa furti), the penalty of infamy does not apply.

Cite this passage

Justinian I, The Digest of Justinian §44.7.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.36.pr

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