Humanitext Reader

Justinian I · The Digest of Justinian §6.1.45.pr

Scope of Possessor's Security in Restitution of a Slave

Passage 1116 of 9271 · Latin

Summary

Discusses the scope of security (for fraud and fault) that must be provided when a slave is restored after an agreement, distinguishing between a good-faith possessor and others, including a good-faith possessor after the joinder of issue.

[ULPIANUS libro sexagensimo octauo ad edictum. ] §6.1.45.prSi homo sit, qui post conuentionem restituitur, si quidem a bonae fidei possessore, puto cauendum esse de dolo solo, debere ceteros etiam de culpa sua: inter quos erit et bonae fidei possessor post litem contestatam.
[ULPIANUS in the sixty-eighth book on the Edict.] If it is a slave who is restored after the agreement, if indeed by a possessor in good faith, I think that security should be given only for fraud, and that others must give security also for their own fault; among whom will be also the possessor in good faith after the joinder of issue.

Notes

  1. §6.1.45.prhomo — In this legal context, 'homo' (human/man) refers specifically to a 'slave'.
  2. §6.1.45.prdebere ceteros etiam de culpa sua — This is part of the accusative and infinitive (AcI) construction governed by the main verb 'puto', where 'ceteros' is the subject accusative and 'debere' is the infinitive. The verb 'cauere' (to give security) is understood after 'debere' from the preceding clause.
  3. §6.1.45.prlitem contestatam — Refers to the 'litis contestatio' (joinder of issue). After this formal commencement of the lawsuit, even a possessor in good faith becomes liable (and must give security) for any damage caused by their own fault.

Cite this passage

Justinian I, The Digest of Justinian §6.1.45.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.45.pr

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