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Justinian I · The Digest of Justinian §5.3.24.pr

No Duty to Restore Penalties for Ejection or Default

Passage 1021 of 9271 · Latin

Summary

It explains that a possessor does not need to restore a penalty incurred due to being ejected by force or a penalty promised for the opponent's non-appearance, as the plaintiff could not have acquired them.

[PAULUS libro uicensimo ad edictum. ] §5.3.24.prAt ubi ui deiectus fuit, non debet restituere poenam ex eo commissam, quod eam actor habere non potest.
[PAULUS in the twentieth book on the Edict.] But where [a possessor] has been ejected by force, he ought not to restore a penalty incurred on that account, because the plaintiff could not have had it.
sic nec poena restitui debet, quam aduersarius ei promisit, si ad iudicium non uenerit.
Likewise, a penalty ought not to be restored which his opponent promised him in the event of his not appearing in court.

Notes

  1. §5.3.24.prui deiectus fuit — The unexpressed subject refers to the possessor of the inheritance (the defendant). It means that he was forcibly ejected (by a third party).
  2. §5.3.24.prex eo commissam — ex eo refers to the fact of ejection by force. commissam is a participle meaning that the penalty (poena) has been 'incurred' or 'triggered' (from the legal phrase poena committitur).

Cite this passage

Justinian I, The Digest of Justinian §5.3.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.3.24.pr

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