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Justinian I · The Digest of Justinian §50.17.46.pr

Absence of Duty to Restore Property Exacted as a Penalty

Passage 9106 of 9271 · Latin

Summary

Formulates the rule that no one is compelled to restore what has been exacted from someone as a penalty.

[GAIUS libro decimo ad edictum prouinciale. ] §50.17.46.prQuod a quoquo poenae nomine exactum est, id eidem restituere nemo cogitur.
[GAIUS, in his tenth book on the Provincial Edict.] What has been exacted from anyone under the name of a penalty, no one is compelled to restore to the same person.

Notes

  1. §50.17.46.prpoenae nomine — "Under the name of a penalty" or "as a penalty". The genitive poenae qualifies the ablative nomine, forming an idiomatic expression meaning "under the name of" or "by way of".
  2. §50.17.46.preidem — Dative masculine singular of the demonstrative pronoun idem. It refers back to the person denoted by a quoquo ("from whomsoever") in the relative clause.
  3. §50.17.46.prrestituere — A complementary infinitive dependent on the passive main verb cogitur ("is compelled"). As a transitive verb, it takes the accusative neuter singular demonstrative pronoun id as its direct object, which in turn refers to the preceding relative clause.

Cite this passage

Justinian I, The Digest of Justinian §50.17.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.46.pr

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