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Justinian I · The Digest of Justinian §50.17.121.pr

Failure to Perform Duties and Doing What Is Prohibited

Passage 9181 of 9271 · Latin

Summary

Defines the legal status of failing to perform an obligatory act and of performing a prohibited act.

[IDEM libro tertio decimo ad edictum. ] §50.17.121.prQui non facit quod facere debet, uidetur facere aduersus ea, quia non facit: et qui facit quod facere non debet, non uidetur facere id quod facere iussus est.
[THE SAME, in the thirteenth book on the edict.] He who does not do what he ought to do is deemed to act contrary to those things, because he does not do it; and he who does what he ought not to do is not deemed to do that which he was ordered to do.

Notes

  1. §50.17.121.praduersus ea — The neuter accusative plural demonstrative pronoun ea refers generally to the "obligations" or "commandments" logically implied by the preceding phrase quod facere debet (what one ought to do).
  2. §50.17.121.priussus est — The third-person singular perfect passive of the verb iubeo (to order). The subject is the relative pronoun qui, taking the complementary infinitive facere to mean "he was ordered to do".

Cite this passage

Justinian I, The Digest of Justinian §50.17.121.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.121.pr

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