Humanitext Reader

Justinian I · The Digest of Justinian §50.17.167.pr-50.17.167.1

Transfer of Property and Actions under Judicial Order

Passage 9227 of 9271 · Latin

Summary

Paulus explains that for a gift to be validly given, it must become the property of the recipient at the time, and that acting under a judge's order excludes malicious intent due to the necessity of obedience.

[IDEM libro quadragensimo nono ad edictum. ] §50.17.167.prNon uidentur data, quae eo tempore quo dentur accipientis non fiunt.
[THE SAME, in the forty-ninth book on the edict.] Those things which, at the time they are given, do not become the property of the recipient, are not considered to have been given.
§50.17.167.1Qui iussu iudicis aliquid facit, non uidetur dolo malo facere, qui parere necesse habet.
He who does something by order of a judge is not considered to act with malicious intent, since he is under a necessity to obey.

Notes

  1. 50.17.167.praccipientis — This is a genitive of possession used with the verb "fiunt" to mean "to become the property of the recipient."
  2. 50.17.167.1qui parere necesse habet — The clause introduced by the nominative relative pronoun "qui" functions parenthetically to provide the reason ("since he is...") for the main clause's subject.

Cite this passage

Justinian I, The Digest of Justinian §50.17.167.pr-50.17.167.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.167.pr-50.17.167.1

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