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Justinian I · The Digest of Justinian §50.16.223.pr-50.16.223.1

Definition of Gross Negligence and Meaning of Friends

Passage 9037 of 9271 · Latin

Summary

Paulus defines gross negligence as the failure to understand what everyone else understands, and states that "friends" should not be those with casual acquaintance, but those who have established legal rights with the head of the household through honorable intimacy.

[PAULUS libro secundo sententiarum. ] §50.16.223.prLatae culpae finis est non intellegere id quod omnes intellegunt.
[PAULUS, in the second book of Opinions.] The boundary of gross negligence is not to understand that which everyone understands.
' §50.16.223.1Amicos' appellare debemus non leui notitia coniunctos, sed quibus fuerint in iura cum patre familias honestis familiaritatis quaesita rationibus.
We ought to call 'friends' not those who are connected by slight acquaintance, but those for whom legal rights have been acquired with the father of the family by honest means of intimacy.

Notes

  1. §50.16.223.prLatae culpae finis — Latae culpae is a genitive (genitive of definition or possessive) modifying finis (boundary, definition). It is interpreted as "the boundary of gross negligence" or "the definition of gross negligence".
  2. §50.16.223.1quibus fuerint in iura ... quaesita — The antecedent (such as eos) of the relative pronoun in the dative quibus is omitted. fuerint quaesita is a perfect passive (perfect subjunctive or future perfect) verb, whose subject is the neuter plural iura (rights, legal relations). Although the preposition in in the transmitted text in iura is likely a scribal error (possibly confused with iniuria), this translation maintains the interpretation with iura as the subject.

Cite this passage

Justinian I, The Digest of Justinian §50.16.223.pr-50.16.223.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.223.pr-50.16.223.1

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