Humanitext Reader

Justinian I · The Digest of Justinian §50.16.209.pr

Requirement of Cognitive Awareness for an Act Done in One's Presence

Passage 9023 of 9271 · Latin

Summary

Clarifies that an action required to be done 'in the presence of Titius' is not legally fulfilled unless Titius has cognitive awareness of it, excluding situations where he is insane, an infant, or asleep.

[FLORENTINUS libro decimo institutionum. ] §50.16.209.pr'Coram Titio' aliquid facere iussus non uidetur praesente eo fecisse, nisi is intellegat; itaque si furiosus aut infans sit aut dormiat, non uidetur coram eo fecisse.
[FLORENTINUS, in the tenth book of Institutes.] Anyone ordered to do something 'in the presence of Titius' is not deemed to have done it in his presence unless Titius understands; therefore, if he is insane, an infant, or asleep, one is not deemed to have done it in his presence.
scire autem, non etiam uelle is debet: nam et inuito eo recte fit quod iussum est.
He must, however, be aware of it, but not necessarily desire it; for even against his will, that which has been ordered is validly done.

Notes

  1. §50.16.209.priussus — The demonstrative pronoun (such as `is`) serving as the subject of the main verb `non uidetur` is omitted, and the perfect participle `iussus` (nominative masculine singular) modifies this implied subject. It is understood as 'one who has been ordered'.
  2. §50.16.209.prpraesente eo — An ablative absolute construction consisting of the ablative form of the present participle `praesens` (i.e., `praesente`) and the pronoun `eo`, meaning 'in his presence' or 'while he is present'. The later phrase `inuito eo` ('against his will') is also an ablative absolute using an adjective.
  3. §50.16.209.prnon uidetur praesente eo fecisse — The verb `uideor` (passive of `uideo`) is used in a personal construction with an infinitive, literally meaning 'he does not seem to have done it in his presence'. In legal contexts, `uideor` with an infinitive expresses a legal presumption or deeming ('is deemed to have done [or not to have done]').

Cite this passage

Justinian I, The Digest of Justinian §50.16.209.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.209.pr

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