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Justinian I · The Digest of Justinian §50.17.116.pr-50.17.116.2

Factors Invalidating Consent and the Principle of Following Public Law

Passage 9176 of 9271 · Latin

Summary

Ulpian's text on factors invalidating consent (force, fear, and error) and the principle that one who follows public law is not deemed deceived.

[ULPIANUS libro undecimo ad edictum. ] §50.17.116.prNihil consensui tam contrarium est, qui ac bonae fidei iudicia sustinet, quam uis atque metus: quem comprobare contra bonos mores est.
[Ulpian, in the eleventh book on the edict.] Nothing is so contrary to consent—which also sustains actions of good faith—as force and fear; to approve of which is contrary to good morals.
§50.17.116.1Non capitur, qui ius publicum sequitur.
He is not deceived who follows public law.
§50.17.116.2Non uidentur qui errant consentire.
Those who err are not deemed to consent.

Notes

  1. §50.17.116.prqui ac bonae fidei iudicia sustinet — The antecedent of the nominative relative pronoun "qui" is the preceding "consensui" (dative of the fourth-declension masculine noun "consensus"). "qui ac..." functions as an appositive relative clause.
  2. §50.17.116.prquem — The accusative relative pronoun "quem" (masculine singular) agrees with the nearer noun "metus" (masculine) of the preceding pair "uis" (feminine) and "metus," or refers to the whole concept. It serves as the object of "comprobare."
  3. §50.17.116.1capitur — The verb "capere" is used metaphorically in legal contexts to mean "to deceive" or "to take advantage of." Here, in the passive voice "capitur," it means "to be deceived" or "to be taken advantage of."
  4. §50.17.116.2Non uidentur qui errant consentire — A personal construction (nominativus cum infinitivo) using "uidentur" (3rd person plural of "uideri", meaning "to be deemed"). The subject is the relative clause "qui errant" (those who err), meaning "those who are in error are not deemed to consent."

Cite this passage

Justinian I, The Digest of Justinian §50.17.116.pr-50.17.116.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.116.pr-50.17.116.2

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