Noxal Surrender and the Publician Action

Notes

1. §6.2.5.prex causa noxae deditionis — “by reason of noxal surrender”. Noxal surrender (noxae deditio) refers to the act of a head of household or owner handing over a wrongdoing family member, slave, or animal to the victim to escape liability for damages. Like “soluendi causa” in the preceding fragment, it is listed here as one of the lawful causes (iusta causa) justifying acquisition for the Actio Publiciana.
2. §6.2.5.prsiue uera causa sit siue falsa — “whether the cause be true or false”. An alternative conditional clause using the present subjunctive ‘sit’. It indicates that in the Actio Publiciana, the underlying cause (causa) for the delivery may not only be real (uera) but can also be a ‘putative’ or false cause (falsa) believed to exist by mistake of fact, provided other requirements like good faith are met.