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Justinian I · The Digest of Justinian §50.17.169.pr-50.17.169.1

Liability for Commanded Damage and Pending Matters

Passage 9229 of 9271 · Latin

Summary

It rules that the person who commands damage is held responsible while the obeying party is faultless, and that pending matters are not treated as existing.

[IDEM libro secundo ad Plautium. ] §50.17.169.prIs damnum dat, qui iubet dare: eius uero nulla culpa est, cui parere necesse sit.
[THE SAME, in the second book on Plautius.] He inflicts damage who orders it to be inflicted; but no guilt attaches to him who is under the necessity of obeying.
§50.17.169.1Quod pendet, non est pro eo, quasi sit.
That which is pending is not regarded as if it already existed.

Notes

  1. §50.17.169.priubet dare — The infinitive dare, serving as the complement of iubet, contextually refers back to 'inflicting damage' (damnum dare) or means 'to deliver/give' in a general sense. In either case, it attributes the responsibility for the result to the commander.
  2. §50.17.169.prcui parere necesse sit — The relative pronoun cui is the dative object of the intransitive verb parere. The subjunctive sit is used in a characterizing relative clause to define the class of persons under an obligation to obey, or to express a general rule.
  3. §50.17.169.1pro eo, quasi sit — The phrase pro eo, quasi is a correlative expression meaning 'as if / in the same light as if'. The verb sit in the clause introduced by quasi is in the subjunctive to denote a hypothetical, contrary-to-fact assumption of existence.

Cite this passage

Justinian I, The Digest of Justinian §50.17.169.pr-50.17.169.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.169.pr-50.17.169.1

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