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Justinian I · The Digest of Justinian §47.8.3.pr

Time Limits and Res Judicata for Robbery by a Freed Slave

Passage 7984 of 9271 · Latin

Summary

On the one-year time limit for bringing an action against a slave who has been manumitted after committing robbery, and the application of the plea of res judicata.

[PAULUS libro quinquagensimo quarto ad edictum. ] §47.8.3.prSi seruus rapuerit et cum libero agatur, etiam, si cum domino experiundi potestas fuit, non recte cum manumisso post annum agetur, quia cum quocumque experiundi potestas fuerit, excluditur actor.
[PAULUS, on the Edict, book fifty-four.] If a slave has committed robbery and an action is brought against him as a free man, even if there was an opportunity of litigating with his master, the action will not be correctly brought against him as a manumitted person after a year, because if there was an opportunity of litigating with anyone whomsoever, the plaintiff is excluded.
si cum domino intra annum actum sit, deinde cum manumisso agatur, rei iudicatae exceptionem nocere Labeo ait.
Labeo says that if an action has been brought against the master within a year, and then an action is brought against the manumitted person, the plea of res judicata is a bar.

Notes

  1. §47.8.3.prcum libero — Refers to the person who committed robbery while being a slave and was subsequently manumitted, becoming a free man (referred to as `manumisso` later). It assumes a situation where, due to manumission, he himself can now be sued (`agatur`) as a defendant.
  2. §47.8.3.prexperiundi — The genitive of the gerund of the deponent verb `experior` (to go to law, litigate), modifying the noun `potestas` (opportunity, power). It means "the opportunity of litigating."
  3. §47.8.3.prnocere — Infinitive of `noceo` (to harm, act as a bar). Here, in the accusative with infinitive (ACI) construction dependent on `ait`, the plea of res judicata (`rei iudicatae exceptionem`, accusative subject) is said to "hurt" or "prejudice" the plaintiff, functioning as a bar to the subsequent action.

Cite this passage

Justinian I, The Digest of Justinian §47.8.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.8.3.pr

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