Humanitext Reader

Justinian I · The Digest of Justinian §6.1.54.pr

Assisting Another's Claim and Retention of Ownership

Passage 1125 of 9271 · Latin

Summary

Discusses the difference between the duty of advocacy and the defense of one's own property, stating that assisting another's claim in ignorance does not forfeit one's own ownership upon subsequent discovery.

[ULPIANUS libro sexto opinionum. ] §6.1.54.prInter officium aduocationis et rei suae defensionem multum interest: nec propterea quis, si postea cognouerit rem ad se pertinere, quod alii eam uindicanti tunc ignorans suam esse adsistebat, dominium suum amisit.
[ULPIANUS in the sixth book of Opinions.] There is a great difference between the duty of advocacy and the defense of one's own property: nor, on that account, does anyone lose his ownership, if he afterwards learns that the property belongs to him, because he was assisting another who was claiming it, being at that time ignorant that it was his own.

Notes

  1. §6.1.54.prnec propterea ... quod — The adverb `propterea` ("on that account") is explained by the subsequent `quod` clause ("because..."). The structure `nec propterea... quod` expresses the denial of causal connection: "nor, for the reason that..., does he on that account lose...".
  2. §6.1.54.pralii eam uindicanti ... adsistebat — The verb `adsistebat` ("was assisting") governs the dative, here represented by `alii` ("another"). The present participle `uindicanti` agrees with and modifies `alii`, meaning "to another who was claiming it".
  3. §6.1.54.prignorans suam esse — `ignorans` ("being ignorant") is a present participle modifying the subject of the clause. `suam esse` is an accusative with infinitive construction acting as the object of `ignorans`, where the accusative subject `rem` (referring to the property) is omitted, meaning "ignorant that [the thing] was his own".

Cite this passage

Justinian I, The Digest of Justinian §6.1.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.54.pr

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