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Justinian I · The Digest of Justinian §9.2.24.pr

Confession of Injury without Wound and Bar to Action

Passage 1540 of 9271 · Latin

Summary

In the case of wounding, it is explained that it is even clearer that the action does not lie despite a confession if no wound actually exists, as there is neither a wound to assess nor a time to refer back to.

[PAULUS libro uicensimo secundo ad edictum. ] §9.2.24.prHoc apertius est circa uulneratum hominem: nam si confessus sit uulnerasse nec sit uulneratus, aestimationem cuius uulneris faciemus? uel ad quod tempus recurramus?
[PAULUS, from the twenty-second book on the Edict.] This is even clearer in the case of a wounded man; for if someone has confessed to having wounded him, and yet he has not been wounded, of what wound shall we make an assessment? Or to what time should we go back?

Notes

  1. §9.2.24.prnec sit uulneratus — The conjunction `nec` means 'and not'. The present subjunctive `sit` continues the conditional clause introduced by `si` (simple or general condition, not contrary to fact). Its subject is the person alleged to have been wounded (`hominem`), not the person who confessed.
  2. §9.2.24.prrecurramus — The present subjunctive in the first-person plural (`recurramus`) functions as a deliberative or rhetorical subjunctive ('should we go back?'). It is used in parallel with the future indicative `faciemus` in the preceding question.

Cite this passage

Justinian I, The Digest of Justinian §9.2.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.24.pr

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