Humanitext Reader

Justinian I · The Digest of Justinian §48.16.10.pr-48.16.10.2

Private and Statutory Abolition and the Time Limit for Renewal

Passage 8345 of 9271 · Latin

Summary

Papinianus clarifies the conditions for private and statutory abolition, stating that a public abolition bars any resumption of trial, and outlines how the thirty-day period for re-prosecution is calculated.

[Papinianus libro secundo de adulteriis. ] §48.16.10.praut priuatim actore postulante.
[Papinianus, On Adulteries, Book II.] or privately, upon the petition of the accuser.
tertio genere fit ex lege abolitio accusatore mortuo uel ex iusta causa impedito, quo minus accusare possit.
As a third kind, an abolition takes place by operation of law when the accuser has died or has been prevented by a just cause from being able to prosecute.
§48.16.10.1Abolitione autem publice facta non retractabitur in iudicio repetendo de mariti iure.
Now when a public abolition has been made, there shall be no resumption in a trial to be renewed on the basis of the husband's right.
§48.16.10.2Triginta dies repetendi rei diuus Traianus utiles esse interpretatus est, ex die scilicet, quo feriae finitae sunt.
The deified Trajan interpreted the thirty days for re-prosecuting a defendant as being available days, namely from the day on which the holidays ended.
et senatus censuit eas dies cedere, quibus quisque reum suum repetere possit.
And the senate decreed that those days run during which each person is able to re-prosecute his defendant.
hoc autem repetendi rei tempus non aliter cedit, quam si accusator quoque potuit adire.
However, this time for re-prosecuting a defendant does not run otherwise than if the accuser also was able to appear.

Notes

  1. §48.16.10.prquo minus — Introduced by the passive participle of hindrance `impedito` (dative masculine singular), this conjunction takes the subjunctive `possit` to form a negative clause of purpose expressing 'prevented from being able to prosecute'.
  2. §48.16.10.1in iudicio repetendo — A gerundive construction in the ablative case agreeing with the noun `iudicio`, meaning 'in resuming (or renewing) the trial'.
  3. §48.16.10.2utiles — Refers to 'available days' (`dies utiles`) in Roman law, meaning only those days on which a party is physically and legally able to act are counted. Here, `dies` is omitted and only the adjective is expressed.
  4. §48.16.10.2cedere — A technical legal term meaning 'to run', 'to elapse', or 'to be counted' with respect to a statutory period of time.

Cite this passage

Justinian I, The Digest of Justinian §48.16.10.pr-48.16.10.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.16.10.pr-48.16.10.2

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.