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Justinian I · The Digest of Justinian §50.17.208.pr

Inapplicability of Loss to Those Who Never Possessed

Passage 9268 of 9271 · Latin

Summary

This text lays down the principle that a person who never possessed a thing cannot be legally deemed to have ceased possessing it.

[PAULUS libro tertio ad legem Iuliam et Papiam. ] §50.17.208.prNon potest uideri desisse habere, qui numquam habuit.
[PAULUS, in his third book on the Lex Julia et Papia.] He who never had cannot be deemed to have ceased to have.

Notes

  1. §50.17.208.prqui numquam habuit — The demonstrative pronoun (is) acting as the antecedent of the relative pronoun qui is omitted; the entire relative clause functions as the subject of the main construction potest uideri.
  2. §50.17.208.prdesisse habere — desisse is the perfect active infinitive of the verb desino (to cease), which takes the infinitive habere as its complementary object, expressing the completion of the action of having (i.e., 'to have ceased to have').

Cite this passage

Justinian I, The Digest of Justinian §50.17.208.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.208.pr

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