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Justinian I · The Digest of Justinian §49.14.39.pr-49.14.39.1

Confiscation without Exile and Classification of Informers

Passage 8560 of 9271 · Latin

Summary

This text addresses that property must not be confiscated without a penalty of permanent exile, and that a debtor who requests the division of joint liability based on the solvency of other parties (upon revoking fraudulent transfers) is not deemed an informer.

[IDEM libro sexto decimo responsorum. ] §49.14.39.prBona fisco citra poenam exilii perpetuam adiudicari sententia non oportet.
[THE SAME, Opinions, Book XVI.] It is not proper for property to be adjudged to the treasury by a sentence without a permanent penalty of exile.
§49.14.39.1Eum, qui periculum communis condemnationis diuidi postulauit, quod participes iudicati soluendo essent reuocatis alienationibus quas fraudulenter fecerant, non uideri causam pecuniae fisco nuntiasse respondi.
I replied that a person who demanded that the risk of a joint condemnation be divided, on the ground that the other parties to the judgment would be solvent if the alienations they had fraudulently made were revoked, is not considered to have reported a monetary case to the treasury.

Notes

  1. §49.14.39.prcitra poenam exilii perpetuam — The preposition citra takes the accusative and means 'without' or 'short of'. Here it indicates that the confiscation of property to the treasury (bona fisco adiudicari) should not be decreed by a sentence on its own, but only as an accessory to a major penalty such as permanent exile (poena exilii perpetua).
  2. §49.14.39.1soluendo essent — The word soluendo is the dative of the gerundive (or gerund) of soluere, which combined with esse forms the idiomatic expression 'soluendo esse', meaning 'to be solvent' or 'capable of paying'. The imperfect subjunctive essent indicates a subjective or reported reason in the quod-clause.
  3. §49.14.39.1non uideri causam pecuniae fisco nuntiasse — An accusative and infinitive construction (eum... non uideri... nuntiasse) depending on respondi, where the subject accusative is eum, the antecedent of the relative clause. To report a monetary case (causam pecuniae nuntiare) refers to the act of informing (delatio) the treasury of property liable to confiscation, but the person here is merely presenting a legal defense to avoid sole liability for a joint condemnation, and thus is not deemed (non uideri) an informer.

Cite this passage

Justinian I, The Digest of Justinian §49.14.39.pr-49.14.39.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.39.pr-49.14.39.1

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