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Justinian I · The Digest of Justinian §49.10.1.pr

Liability for Damage Caused by Appeals Against Public Duties

Passage 8516 of 9271 · Latin

Summary

This section rules that individuals nominated for public duties who make groundless appeals must bear the risk of any damage caused to the state by delay, whereas if the appeal was necessary, the governor or emperor will decide who is liable for the damage.

[ULPIANUS libro tertio de officio consulis. ] §49.10.1.prSi qui ad munera publica nominati appellauerint nec causas probauerint, scient ad periculum suum pertinere, si quid damni per moram appellationis rei publicae acciderit.
[ULPIAN, On the Office of Consul, Book III] If any persons nominated for public duties should appeal and fail to prove their grounds, they shall know that it pertains to their own risk if any damage should occur to the state through the delay of the appeal.
quod si apparuerit eos necessario prouocasse, cui adscribendum sit id damnum, praeses uel princeps aestimabit.
But if it appears that they appealed of necessity, the governor or the emperor shall determine to whom that damage is to be imputed.

Notes

  1. §49.10.1.prscient — The third-person plural future of scio, which in legal texts functions as an injunction or warning ('they shall know / must realize'). It governs the accusative and infinitive clause 'ad periculum suum pertinere' (that it pertains to their own risk).
  2. §49.10.1.prcui adscribendum sit — An indirect question clause functioning as the object of the main verb aestimabit. It consists of the dative interrogative pronoun cui and the passive periphrastic subjunctive adscribendum sit (expressing necessity). The dative cui indicates the person to whom the liability is to be imputed.

Cite this passage

Justinian I, The Digest of Justinian §49.10.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.10.1.pr

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