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Justinian I · The Digest of Justinian §9.3.7.pr

Assessment of Damages for Injury to a Free Person

Passage 1581 of 9271 · Latin

Summary

It is ruled that when a free person is injured by thrown or poured objects, medical expenses and lost labor are calculated as damages, but no valuation is made for scars or deformity, since a free body cannot be valued in money.

[GAIUS libro sexto ad edictum prouinciale. ] §9.3.7.prCum liberi hominis corpus ex eo, quod deiectum effusumue quid erit, laesum fuerit, iudex computat mercedes medicis praestitas ceteraque impendia, quae in curatione facta sunt, praeterea operarum, quibus caruit aut cariturus est ob id, quod inutilis factus est.
[GAIUS in the sixth book on the provincial Edict.] When the body of a free person has been injured by something that was thrown down or poured out, the judge calculates the fees paid to the physicians and the other expenses incurred in the treatment, and furthermore [the value] of the labor which he has lost or is going to lose because he has been rendered incapacitated.
cicatricium autem aut deformitatis nulla fit aestimatio, quia liberum corpus nullam recipit aestimationem.
However, no valuation is made of scars or deformity, because a free body admits of no valuation.

Notes

  1. §9.3.7.prdeiectum effusumue quid erit — quid is an indefinite pronoun equivalent to aliquid ('something') and serves as the subject within the relative clause introduced by quod. deiectum effusumue is in the nominative neuter singular, agreeing with quid.
  2. §9.3.7.properarum — Genitive plural. Although positioned in parallel with mercedes and impendia (accusative direct objects of the transitive verb computat), operarum is in the genitive, implying the omission of a noun like aestimationem (valuation, accusative) or functioning as a genitive of value ('the value of the labor').
  3. §9.3.7.prquibus caruit aut cariturus est — The relative pronoun quibus is in the ablative plural, referring to the antecedent operarum. The ablative case is governed by the verb carere ('to lack', 'to be deprived of'), which regularly takes the ablative of separation.

Cite this passage

Justinian I, The Digest of Justinian §9.3.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.3.7.pr

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