Humanitext Reader

Justinian I · The Digest of Justinian §50.17.135.pr

Invalidity of Impossible or Nonexistent Obligations

Passage 9195 of 9271 · Latin

Summary

Things that are impossible to perform or do not exist in reality are legally treated as if they had never been added or agreed upon.

[IDEM libro uicesimo tertio ad edictum. ] §50.17.135.prEa, quae dari impossibilia sunt uel quae in rerum natura non sunt, pro non adiectis habentur.
[THE SAME, in the twenty-third book on the edict.] Those things which are impossible to be given, or which do not exist in the nature of things, are regarded as not having been added.

Notes

  1. §50.17.135.prdari — A passive infinitive depending on the adjective `impossibilia`, meaning "impossible to be given" or "impossible to be delivered".
  2. §50.17.135.prin rerum natura — Literally "in the nature of things," but in a legal context, it is used to mean "existing in physical reality."
  3. §50.17.135.prpro non adiectis habentur — The construction `haberi pro...` means "to be regarded as...". `adiectis` is the ablative plural of the perfect passive participle of `adicere` (to add), which is negated by `non` and serves as the complement of the preposition `pro` ("as not having been added").

Cite this passage

Justinian I, The Digest of Justinian §50.17.135.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.135.pr

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