[IULIANUS libro uicensimo tertio digestorum. ] §47.6.2.prid est et poenae nomine duplum et condictionis simplum.
[JULIANUS on the Digest, book 23] that is, both twofold by way of penalty and single value by way of condictio.
Justinian I · The Digest of Justinian §47.6.2.pr
Penalty and Condictio in Theft by a Free Person
Summary
Julian explains that the recovery amount in the case of a theft committed by a free man consists of twofold as a penalty and the single value by condictio.
Notes
- §47.6.2.prid est — This phrase is connected by the compilers to introduce a concrete explanation of the words "how much he would have obtained if a free man had committed that theft" at the end of the preceding fragment by Ulpian (D. 47.6.1.3).
- §47.6.2.prpoenae nomine duplum et condictionis simplum — This coordinates two distinct remedies arising from theft: the twofold value (duplum) of the penalty (poena) through the actio furti, and the single value (simplum) of the recovery of the property through the condictio furtiva. The ablative `nomine` (by way of) also applies to `condictionis`.
Cite this passage
Justinian I, The Digest of Justinian §47.6.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.6.2.pr
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