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Justinian I · The Digest of Justinian §50.17.150.pr

Equivalence of Possessor and Fraudulent Non-Possessor

Passage 9210 of 9271 · Latin

Summary

It states the legal maxim that the legal standing of one who possesses or has something and that of one who, by their own malice, has ceased to possess or have it should be equal.

[IDEM libro sexagensimo octauo ad edictum. ] §50.17.150.prParem esse condicionem oportet eius, qui quid possideat uel habeat, atque eius, cuius dolo malo factum sit, quo minus possideret uel haberet.
[THE SAME, in the sixty-eighth book on the edict.] The condition of him who possesses or has anything, and of him by whose malice it was brought about that he should no longer possess or have it, ought to be the same.

Notes

  1. §50.17.150.prcuius dolo malo factum sit, quo minus possideret uel haberet — The relative pronoun 'cuius' refers to the second 'eius', indicating a person who by their own malice ('dolo malo') brought about a state where they no longer possess or have the thing. 'quo minus' introduces a subjunctive clause expressing hindrance or prevention, meaning 'so that [he] should not'.

Cite this passage

Justinian I, The Digest of Justinian §50.17.150.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.150.pr

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