Humanitext Reader

Justinian I · The Digest of Justinian §50.17.111.pr-50.17.111.1

Ward's Delictual Capacity and Non-Transmission of Penal Actions

Passage 9171 of 9271 · Latin

Summary

It explains the legal capacity of a ward near puberty to commit delicts and the general rule that penal actions arising from delicts do not pass against heirs.

[GAIUS libro secundo ad edictum prouinciale. ] §50.17.111.prPupillum, qui proximus pubertati sit, capacem esse et furandi et iniuriae faciendae.
[GAIUS in the second book on the provincial edict.] It is held that a ward who is next to puberty is capable both of committing theft and of doing an injury.
§50.17.111.1In heredem non solent actiones transire, quae poenales sunt ex maleficio, ueluti furti, damni iniuriae, ui bonorum raptorum, iniuriarum.
Actions which are penal arising from a delict do not usually pass against an heir, such as those for theft, unlawful damage, property taken by force, and injuries.

Notes

  1. §50.17.111.prPupillum... capacem esse — An accusative with infinitive (AcI) construction without an explicit governing main verb (such as 'it is held' or 'they say'), presenting the juristic rule in indirect speech.
  2. §50.17.111.prfurandi et iniuriae faciendae — Both are genitives depending on the adjective `capacem`. `furandi` is the genitive of a gerund, while `iniuriae faciendae` is a gerundive construction agreeing with the noun `iniuria`.
  3. §50.17.111.1actiones... quae poenales sunt — This refers to the principle of Roman law that penal actions (actiones poenales) arising from a delict do not pass against the heir of the wrongdoer (passive intransmissibility).

Cite this passage

Justinian I, The Digest of Justinian §50.17.111.pr-50.17.111.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.111.pr-50.17.111.1

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