[IDEM libro secundo definitionum. ] §50.17.83.prNon uidentur rem amittere, quibus propria non fuit.
[THE SAME, from his second book of Definitions.] Those to whom a thing was not their own are not deemed to lose it.
Justinian I · The Digest of Justinian §50.17.83.pr
Inability to Lose What Was Not Originally Owned
Summary
This text states the legal principle that those who did not originally own a thing cannot be deemed to lose it.
Notes
- §50.17.83.prquibus propria non fuit — This shows the omission of the subject and adjective agreement in the relative clause. The feminine singular nominative adjective `propria` agrees with the subject (implied `res`, referring back to `rem` in the main clause) omitted in the relative clause. The dative plural `quibus` is a relative pronoun whose antecedent is the omitted subject of the main clause (`ii`), functioning as a dative of possession or reference ("to whom"). Thus, it literally translates to "those to whom [the thing] was not proper/own."
Cite this passage
Justinian I, The Digest of Justinian §50.17.83.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.83.pr
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