[ULPIANUS libro nono decimo ad Sabinum. ] §50.17.13.prNon uidetur cepisse, qui per exceptionem a petitione remouetur.
[ULPIAN, in his nineteenth book on Sabinus.] He is not deemed to have acquired, who is barred from his claim by an exception.
Justinian I · The Digest of Justinian §50.17.13.pr
No Acquisition for Those Barred by an Exception
Summary
This text states that a person who is barred from a claim by an exception is not legally deemed to have acquired the property.
Notes
- §50.17.13.prNon uidetur cepisse, qui — The antecedent is of the relative pronoun qui is omitted, serving as the subject of the main verb uidetur. Here, uidetur has the legal sense of 'is deemed' or 'is considered' rather than 'seems'. The infinitive cepisse (perfect active infinitive of capio) is a technical term referring to the legal acquisition of property or an inheritance.
- §50.17.13.prexceptionem — Refers to an 'exception' (exceptio) in Roman law. It is a defense raised by the defendant which, while not necessarily denying the plaintiff's claim (petitio) directly, bars its enforcement due to specific circumstances such as fraud or duress.
Cite this passage
Justinian I, The Digest of Justinian §50.17.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.13.pr
Please note the AI-draft status of the translation and the date accessed.
Translation, notes and summary are AI-generated drafts, revised through reader feedback.