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Justinian I · The Digest of Justinian §48.23.2.pr

Lawsuit Immunity and Abandonment by Restored Persons

Passage 8459 of 9271 · Latin

Summary

This section explains the immunity from lawsuits by creditors or public authorities for a restored deportee who has not recovered his property, and the limitation of this immunity if he voluntarily chooses to abandon his property.

[IDEM libro quinto opinionum. ] §48.23.2.prSi deportatus restitutus dignitatem quidem indulgentia principis reciperauit, in sua autem omnia bona non est restitutus, nec a creditoribus nec publico nomine conueniri potest.
[THE SAME, from his Fifth Book of Opinions.] If a deported person who has been restored has indeed recovered his status by the indulgence of the emperor, but has not been restored to all his property, he cannot be sued either by his creditors or on public account.
sed¹ cum ei facultas oblata esset a principe bona quoque sua reciperandi, maluerit ea derelinquere, actionibus exuere se, quibus ante sententiam subiectus fuerat, non poterit.
But¹ if, when the opportunity of also recovering his property was offered to him by the emperor, he preferred to abandon it, he cannot free himself from the actions to which he had been subject before his sentence.

Notes

  1. §48.23.2.prrestitutus ... restitutus — The verb `restituere` is used in two different senses of legal restoration (restitutio): first in `restitutus` (restored in status/citizenship) and second in `in sua... bona... restitutus` (restored to one's property).
  2. §48.23.2.prmaluerit — Future perfect indicative or perfect subjunctive. It functions as a conditional clause (hypothesis) without `si`, corresponding to the future tense `non poterit` in the main clause, establishing the logical consequence: "if he should have preferred..., he will not be able to...".

Cite this passage

Justinian I, The Digest of Justinian §48.23.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.23.2.pr

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