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Justinian I · The Digest of Justinian §50.17.112.pr

Equivalence of Having No Action and Being Barred by Exception

Passage 9172 of 9271 · Latin

Summary

Explains that there is no legal difference between not having an action by operation of law and being barred from an action by an exception.

[PAULUS libro octauo ad edictum. ] §50.17.112.prNihil interest, ipso iure quis actionem non habeat an per exceptionem infirmetur.
[PAULUS in the eighth book on the edict.] It makes no difference whether a person has no action by operation of law, or is barred by an exception.

Notes

  1. §50.17.112.prNihil interest, ipso iure quis actionem non habeat an per exceptionem infirmetur — The impersonal expression `nihil interest` (it makes no difference) governs a disjunctive indirect question introduced by `an`. The verbs `habeat` and `infirmetur` are in the present subjunctive due to the indirect question. The subject of the latter verb `infirmetur` is carried over from `quis` (someone) in the preceding clause, meaning in the passive 'to be weakened/barred' (by an exception).

Cite this passage

Justinian I, The Digest of Justinian §50.17.112.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.112.pr

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