[POMPONIUS libro undecimo ad Sabinum. ] §50.17.25.prPlus cautionis in re est quam in persona.
[POMPONIUS, in his eleventh book on Sabinus.] There is more security in a thing than in a person.
Justinian I · The Digest of Justinian §50.17.25.pr
Greater Security in Real than Personal Guarantee
Summary
Pomponius states the legal maxim that there is greater security in a thing (real security) than in a person (personal security).
Notes
- §50.17.25.prplus cautionis — `plus` functions as a neuter singular nominative noun, taking `cautionis` (genitive singular of `cautio`) as a partitive genitive. `cautio` here denotes legal 'security,' 'guarantee,' or the 'safety' arising from it.
- §50.17.25.prin re... in persona — A contrast between `in re` (in a thing / real security) and `in persona` (in a person / personal security). It expresses the principle in Roman law that a right in a thing (real security) is more secure than a claim against a specific person (personal security).
Cite this passage
Justinian I, The Digest of Justinian §50.17.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.25.pr
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