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Justinian I · The Digest of Justinian §50.16.35.pr

Definition of Restoring and the Return of Incidental Benefits

Passage 8849 of 9271 · Latin

Summary

Defines the legal concept of 'restoring' (restituere) as returning not only the thing itself but also the legal advantages (such as usucapion and fruits) that the plaintiff would have acquired if the thing had been returned at the time of the acceptance of the trial.

[IDEM libro septimo decimo ad edictum. ] §50.16.35.pr'Restituere' autem is intellegitur, qui simul et causam actori reddit, quam is habiturus esset, si statim iudicii accepti tempore res ei reddita fuisset, id est et usucapionis causam et fructuum.
[THE SAME, in the seventeenth book on the Edict.] Moreover, he is understood 'to restore' who at the same time returns to the plaintiff the advantages which the latter would have had if the thing had been returned to him immediately at the time of the acceptance of the trial; that is, the advantages both in respect of usucapion and of fruits.

Notes

  1. §50.16.35.pris intellegitur, qui — The infinitive restituere functions as a predicate complement to the passive verb intellegitur with the pronoun is (the antecedent of qui) as the subject, literally meaning 'he is understood "to restore" who...'.
  2. §50.16.35.prcausam — Here causa does not mean 'cause' or 'reason', but refers to the 'legal position', 'status', or 'incidental advantages' associated with the property. The subsequent phrase et usucapionis causam et fructuum (advantages both of usucapion and of fruits) specifies this.
  3. §50.16.35.prhabiturus esset, si statim iudicii accepti tempore res ei reddita fuisset — A conditional clause with the pluperfect subjunctive (si... reddita fuisset) combined with an apodosis featuring the active future participle and the imperfect subjunctive of esse (habiturus esset), forming a periphrastic conjugation that expresses a past-unreal condition regarding what the plaintiff would have stood to obtain.

Cite this passage

Justinian I, The Digest of Justinian §50.16.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.35.pr

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