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Justinian I · The Digest of Justinian §48.23.3.pr

Direct Actions Against Persons with Restored Status and Property

Passage 8460 of 9271 · Latin

Summary

Papinian explains that if a deported person's property is retained by the treasury, creditors cannot bring actions against him, but if both his status and property are restored, direct actions are available, making beneficial actions unnecessary.

[PAPINIANUS libro sexto decimo responsorum. ] §48.23.3.prIn insulam deportati bona fiscus poena remissa retinuit: creditores ex ante gesto non habere cum eo qui debitor quondam fuit actiones constitit.
[PAPINIANUS, from his Sixteenth Book of Responses.] If the fiscus has retained the property of a person deported to an island, though his punishment was remitted, it is established that creditors do not have actions arising from prior transactions against him who was formerly their debtor.
quod si bona cum dignitatis restitutione concessa reciperauerit, utiles actiones necessariae non erunt, cum et directae competunt.
But if he has recovered his property, which was granted to him along with the restoration of his status, beneficial actions will not be necessary, since direct actions also lie.

Notes

  1. 48.23.3.prpoena remissa — An ablative absolute meaning "the punishment having been remitted." It indicates a situation where, although the penalty of deportation itself was remitted, the confiscated property was still retained by the treasury (fiscus).
  2. 48.23.3.prconstitit — The perfect tense of the impersonal verb constat, taking the following accusative and infinitive clause "creditores ... non habere ... actiones" as its subject, meaning "it is established that..."
  3. 48.23.3.prutiles actiones — A contrast between beneficial actions (actiones utiles) and direct actions (actiones directae). If the debtor has fully recovered his property, there is no need to construct beneficial actions with legal fictions, as the original direct actions (directae) are naturally available (competunt); hence, beneficial actions become unnecessary (non necessariae).

Cite this passage

Justinian I, The Digest of Justinian §48.23.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.23.3.pr

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