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Justinian I · The Digest of Justinian §8.5.7.pr

Judicial Orders for Performance, Security, and Damages

Passage 1472 of 9271 · Latin

Summary

The text describes the outcomes of these actions under the judge's authority, detailing the substance of the performance and the security to be ordered, as well as the monetary condemnation based on the plaintiff's oath if the defendant fails to comply.

[PAULUS libro uicensimo primo ad edictum. ] §8.5.7.prHarum actionum euentus hic est, ut uictori officio iudicis aut res praestetur aut cautio.
[PAULUS, book 21 on the Edict.] The outcome of these actions is this, that by the office of the judge either the thing itself or a security is provided to the victor.
res ipsa haec est, ut iubeat aduersarium iudex emendare uitium parietis et idoneum praestare.
The thing itself is this, that the judge orders the adversary to repair the defect of the wall and to render it fit.
cautio haec est, ut eum iubeat de reficiendo pariete cauere neque se neque successores suos prohibituros altius tollere sublatumque habere: et si cauerit, absoluetur.
The security is this, that he orders him to give security for the repair of the wall, and that neither he nor his successors will prevent [the plaintiff] from raising [his building] higher and keeping it raised; and if he gives security, he shall be acquitted.
si uero neque rem praestat neque cautionem, tanti condemnet, quanti actor in litem iurauerit.
But if he provides neither the thing itself nor the security, let [the judge] condemn him in such an amount as the plaintiff shall have sworn to in the suit.

Notes

  1. §8.5.7.prprohibituros — The future infinitive `prohibituros [esse]` (with `esse` omitted) is part of the accusative-with-infinitive construction depending on `cauere`, which is commanded by `iubeat`. Its subject is `se neque successores suos` (himself nor his successors), and the object of the prevention (`prohibere`) is represented by the infinitives `altius tollere sublatumque habere` (raising [the building] higher and keeping it raised).
  2. §8.5.7.prtanti condemnet, quanti — `condemnet` is a jussive/hortatory subjunctive in the present tense ("let the judge condemn"). `tanti ... quanti` are genitives of value/price ("in such an amount as..."), referring to the amount to which the plaintiff shall have sworn in court (`in litem iurauerit`) under the oath regarding the value of the suit (iusiurandum in litem).

Cite this passage

Justinian I, The Digest of Justinian §8.5.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.5.7.pr

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