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Justinian I · The Digest of Justinian §47.20.1.pr

The Legal Nature of the Action for Stellionatus

Passage 8095 of 9271 · Latin

Summary

It points out that the action for stellionatus has a unique character that belongs neither to the traditional framework of public prosecutions nor to that of private actions.

[PAPINIANUS libro primo responsorum. ] §47.20.1.prActio stellionatus neque publicis iudiciis neque priuatis actionibus continetur.
[PAPINIANUS, in the first book of opinions.] The action for stellionatus is contained neither in public prosecutions nor in private actions.

Notes

  1. §47.20.1.prActio stellionatus — The term "stellionatus" (derived from "stellio," meaning a lizard) refers to a supplementary crime encompassing all kinds of fraudulent or deceitful behavior that do not fit into existing, well-defined categories (such as "dolus" or "furtum"). Its action ("actio") has a unique nature that is classified neither under "public prosecutions" ("publica iudicia") tried in public courts, nor under "private actions" ("priuatae actiones") based on civil law wrongs.
  2. §47.20.1.prpublicis iudiciis neque priuatis actionibus — Two noun phrases connected by the correlative conjunctions "neque... neque." They function as ablatives of place/sphere or means (without a preposition) governed by the passive verb "continetur" (from "contineo," meaning "to be contained/included in").

Cite this passage

Justinian I, The Digest of Justinian §47.20.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.20.1.pr

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