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Justinian I · The Digest of Justinian §50.17.102.pr-50.17.102.1

Breach of Praetorian Edict and Power to Deny Actions

Passage 9162 of 9271 · Latin

Summary

It defines that one who acts against a praetorian prohibition is properly said to act against the edict, and that the power to refuse an action belongs to the one who has the power to grant it.

[ULPIANUS libro primo ad edictum. ] §50.17.102.prQui uetante praetore fecit, hic aduersus edictum fecisse proprie dicitur.
[ULPIAN, from his first book on the Edict.] He who has acted when the praetor forbade it is properly said to have acted against the edict.
§50.17.102.1Eius est actionem denegare, qui possit et dare.
To refuse an action belongs to him who also has the power to grant it.

Notes

  1. §50.17.102.pruetante praetore — An ablative absolute consisting of the present participle uetante and the noun praetore, here expressing a concessive force ("although the praetor forbade it").
  2. §50.17.102.1Eius est ... qui possit — eius is a possessive genitive denoting duty or power ("it belongs to / is the prerogative of him"), with the infinitive denegare serving as the subject. The verb possit in the relative clause is in the subjunctive (subjunctive of characteristic), describing a general type of person ("one who has the power").

Cite this passage

Justinian I, The Digest of Justinian §50.17.102.pr-50.17.102.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.102.pr-50.17.102.1

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