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Justinian I · The Digest of Justinian §50.16.75.pr

Legal Definition of Restoration and the Plaintiff's Rights

Passage 8889 of 9271 · Latin

Summary

Paulus defines the legal term 'to restore' as returning that which the plaintiff would have possessed had no dispute been raised against him.

[IDEM libro quinquagensimo ad edictum. ] §50.16.75.pr'Restituere' is uidetur, qui id restituit, quod habiturus esset actor, si controuersia ei facta non esset.
[THE SAME, on the Edict, book 50.] A person is deemed to 'restore' who restores that which the plaintiff would have had, if no controversy had been raised against him.

Notes

  1. §50.16.75.pris uidetur — In the main clause `is uidetur`, the infinitive `'Restituere'` from the beginning of the sentence is understood as a predicate complement ("such a person is deemed to 'restore'"). Here, `is` acts as the subject of `uidetur` and the antecedent of the relative pronoun `qui`.
  2. §50.16.75.prhabiturus esset ... si ... facta non esset — A subjunctive conditional structure contrary to past fact. The combination of the future active participle `habiturus` with `esset` (imperfect subjunctive) expresses a state or probability that would have existed in the past ("would have had"), corresponding to `facta non esset` (pluperfect subjunctive) in the protasis.

Cite this passage

Justinian I, The Digest of Justinian §50.16.75.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.75.pr

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