Humanitext Reader

Justinian I · The Digest of Justinian §47.2.89.pr

Concurrence of Actions for Robbery and Theft

Passage 7951 of 9271 · Latin

Summary

It discusses the concurrence of actions, stating that if a person brings an action for robbery first, they cannot also bring an action for theft, but if they first bring an action for theft for double value, they may also bring an action for robbery, provided the cumulative claim does not exceed fourfold.

[IDEM libro singulari de concurrentibus actionibus. ] §47.2.89.prSi quis egerit ui bonorum raptorum, etiam furti agere non potest: quod si furti elegerit in duplum agere, potest et ui bonorum raptorum agere sic, ut non excederet quadruplum.
[THE SAME, in his single book on Concurrent Actions.] If anyone has brought an action for goods taken by force, he cannot also bring an action for theft; but if he has chosen to bring an action for theft for double the value, he can also bring an action for goods taken by force, provided that the total does not exceed fourfold the value.

Notes

  1. §47.2.89.prui bonorum raptorum — An ablative expression after the verb agere, which is an elliptical form of actio ui bonorum raptorum (the action for property taken by force). It stands in contrast with the genitive furti in the next clause (agere furti), which also denotes the type of action.
  2. §47.2.89.prsic, ut non excederet — A restrictive or conditional ut-clause ('on condition that...'). Although the main verb potest is in the present tense, the imperfect subjunctive excederet is used to indicate a rule of law or restriction that is conceived as a standing, objective standard.

Cite this passage

Justinian I, The Digest of Justinian §47.2.89.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.89.pr

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