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Justinian I · The Digest of Justinian §6.2.6.pr

Undefended Noxal Slave and the Publician Action

Passage 1157 of 9271 · Latin

Summary

Paulus states that if someone takes possession of a slave by order of the praetor because the slave was not defended in a noxal action, and subsequently loses possession, they are entitled to the Publician action.

[PAULUS libro nono decimo ad edictum. ] §6.2.6.prItem si seruum ex causa noxali, quia non defendebatur, iussu praetoris duxero et amisero possessionem, competit mihi Publiciana.
[PAULUS on the Edict, book 19.] Likewise, if I have led away a slave by order of the praetor on a noxal cause because he was not defended, and have lost possession, the Publician action is available to me.

Notes

  1. §6.2.6.prquia non defendebatur — Passive imperfect. The subject is the preceding `seruum` (slave). This refers to the situation where, in a noxal action, the owner refused or failed to defend the slave, leading to the praetor's order to hand over the slave to the plaintiff.
  2. §6.2.6.prPubliciana — The feminine noun `actio` (action) is omitted, referring to the Publician action (`actio Publiciana`). This was a remedy granted to a bona fide possessor who was in the process of usucapion but lost possession before the period was complete.

Cite this passage

Justinian I, The Digest of Justinian §6.2.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.2.6.pr

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