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Justinian I · The Digest of Justinian §6.1.22.pr

Liability When a Slave Escapes Through Possessor Fraud

Passage 1093 of 9271 · Latin

Summary

This fragment states that if a slave escapes through the fraud of the possessor, the possessor must be condemned as if he were still in possession of the slave.

[ULPIANUS libro sexto decimo ad edictum. ] §6.1.22.prQuod si dolo possessoris fugerit, damnandum eum, quasi possideret.
[ULPIANUS, in the sixteenth book on the Edict.] But if the slave should escape through the dolus of the possessor, he must be condemned just as if he were in possession.

Notes

  1. §6.1.22.prdamnandum eum — An accusative with infinitive construction (indirect speech) where 'esse' is omitted with the gerundive 'damnandum'. The accusative subject 'eum' refers to the possessor, indicating obligation/necessity: 'that he must be condemned'.
  2. §6.1.22.prquasi possideret — A hypothetical construction with the conjunction 'quasi' (as if) followed by the imperfect subjunctive 'possideret'. It represents a counterfactual situation in the present: although the possessor has lost physical possession due to the slave's flight, he is held liable under the legal fiction of still being in possession due to his fraud (dolus).

Cite this passage

Justinian I, The Digest of Justinian §6.1.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.22.pr

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