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Justinian I · The Digest of Justinian §50.16.143.pr

Having What One Has a Legal Right to Claim

Passage 8957 of 9271 · Latin

Summary

Explains that a person is deemed to "have" what they have a legal right of action to claim, on the grounds that whatever can be claimed is considered to be possessed.

[ULPIANUS libro nono ad legem Iuliam et Papiam. ] §50.16.143.prId 'apud se' quis 'habere' uidetur, de quo habet actionem: habetur enim quod peti potest.
[ULPIANUS, from the ninth book on the Lex Iulia et Papia.] A person is deemed to 'have in his possession' that for which he has an action; for what can be claimed is held to be possessed.

Notes

  1. §50.16.143.prhabetur enim quod peti potest — 'peti potest' (can be claimed) uses the present passive infinitive 'peti' of the verb 'petere' (to claim or sue for in court). 'habetur' is the passive of 'habere', meaning 'is held/possessed' (as one's own). This expresses a general rule of Roman law that the legal right to claim something is equivalent to having it in one's possession.
  2. §50.16.143.prapud se — Composed of the preposition 'apud' (at, with) and the accusative reflexive pronoun 'se', referring in this context to "under one's control, in one's possession, or within one's estate." This phrase is interpreted in legal texts to imply broad legal control rather than mere physical custody.

Cite this passage

Justinian I, The Digest of Justinian §50.16.143.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.143.pr

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