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Justinian I · The Digest of Justinian §6.1.26.pr

Absolution When Plaintiff Knows Defendant Does Not Possess

Passage 1097 of 9271 · Latin

Summary

It explains that if the plaintiff is aware of the defendant's lack of possession, the plaintiff is deemed to be deceived by himself, and therefore the defendant is absolved.

[PAULUS libro secundo ad Plautium. ] §6.1.26.prNam si actor scit, tunc is non ab alio, sed a se decipitur: et ideo reus absoluitur.
[PAULUS, in the second book on Plautius.] For if the plaintiff knows, then he is deceived not by another, but by himself; and therefore the defendant is absolved.

Notes

  1. §6.1.26.prscit — The object of the transitive verb scit ("knows") is omitted, but in light of the preceding context of D. 6.1.25.pr, it refers to the fact that the defendant who offered to defend the property is not actually in possession and has not acted with fraud to avoid possession.
  2. §6.1.26.pra se decipitur — The passive expression "is deceived by himself" indicates that the plaintiff suffers disadvantage not due to the deceptive conduct of another (the defendant), but because of his own negligence or awareness (knowledge).

Cite this passage

Justinian I, The Digest of Justinian §6.1.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.26.pr

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