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Justinian I · The Digest of Justinian §6.1.12.pr

Place of Return and Transport Costs for Bad-Faith Possessors

Passage 1083 of 9271 · Latin

Summary

The text regulates the duty of restoration for a possessor in bad faith, explaining the place of restoration and the allocation of expenses when the thing was acquired in another place or removed and transferred after the joinder of issue.

[PAULUS libro uicensimo primo ad edictum. ] §6.1.12.prSi uero malae fidei sit possessor, qui in alio loco eam rem nactus sit, idem statui debet: si uero ab eo loco, ubi lis contestata est, eam subtractam alio transtulerit, illic restituere debet, unde subtraxit, sumptibus suis.
[PAULUS, in the twenty-first book on the Edict.] But if the possessor is in bad faith, who has acquired the thing in another place, the same rule must be laid down; however, if he has removed the thing from the place where the issue was joined and transferred it elsewhere, he must restore it, at his own expense, in the place from which he removed it.

Notes

  1. §6.1.12.prmalae fidei — A genitive of quality, which, with the copula sit, predicate-wise describes the character of the subject possessor ("is of bad faith" or "is a possessor in bad faith").
  2. §6.1.12.prsubtractam — A perfect passive participle modifying the direct object pronoun eam. It expresses an action prior to the main verb transtulerit, forming a sequential context ("having removed it, he transferred it" or "he removed it and transferred it").

Cite this passage

Justinian I, The Digest of Justinian §6.1.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.12.pr

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