Justinian I · The Digest of Justinian §6.1.69.pr

Fraudulent Loss of Possession and Cession of Actions

Passage 1140 of 9271 · Latin

Summary

Explains that as a penalty for a defendant who fraudulently ceased to possess, the plaintiff is not required to guarantee the cession of actions concerning the property to him.

[PAULUS libro tertio decimo ad Sabinum. ] §6.1.69.prIs qui dolo fecit quo minus possideret hoc quoque nomine punitur, quod actor cauere ei non debet actiones, quas eius rei nomine habeat, se ei praestaturum.

[PAULUS in the thirteenth book on Sabinus.] He who has by fraud brought it about that he does not possess is punished also on this ground, that the plaintiff is not obliged to guarantee to him that he will cede to him the actions which he has on account of that thing.

Notes

6.1.69.prdolo fecit quo minus possideret — The construction `facere quo minus` followed by the subjunctive (here imperfect `possideret`) means "to act in such a way that ... not". It refers to a situation where the defendant has intentionally (`dolo`) divested himself of possession of the property.
6.1.69.prquod actor cauere ei non debet — The `quod` clause acts as an appositive clause explaining the content of the preceding demonstrative pronoun `hoc` in `hoc quoque nomine` ("namely, that..."). `cauere` means "to guarantee/provide security to someone" and takes the accusative with infinitive clause `se... praestaturum [esse]` as its object.
6.1.69.practiones, quas eius rei nomine habeat, se ei praestaturum — The subject of the infinitive `praestaturum` (a future active participle with `esse` omitted) is the reflexive pronoun `se` (referring to the subject of the clause, `actor`), and the dative `ei` refers to the defendant (`is qui...`). Here `praestare` means to cede or transfer the actions (rights of action) concerning the property to the defendant, which would normally occur upon receiving damages to prevent double recovery.

Cite this passage

Justinian I, The Digest of Justinian §6.1.69.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.69.pr

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