[GAIUS libro sexto ad edictum prouinciale. ] §9.4.25.prIdem est, et si nouus dominus serui iudicium patiatur.
[GAIUS, Book 6 of the Commentary on the Provincial Edict] The same holds true even if the new owner of the slave submits to the action.
Justinian I · The Digest of Justinian §9.4.25.pr
Defense by New Slave Owner and Exception for Prior Owner
Summary
This section explains that the same rule applies (an exception is granted to the former owner) if the new owner of the transferred slave submits to the defense in the action.
Notes
- §9.4.25.prIdem est — This refers to the application of the same remedy mentioned at the end of the preceding fragment (9.4.24.pr), namely that "an exception must be given" (exceptionem dandam). Thus, if the slave has been alienated and the new owner defends the action, the former owner (who acted with dolo to rid himself of possession) is likewise granted an exception.
- §9.4.25.priudicium patiatur — Literally "to suffer judgment" or "to submit to the action." Here it means that the new owner of the alienated slave is prepared to defend the noxal action as a defendant. The present subjunctive (patiatur) forms a conditional clause introduced by "et si" (even if).
Cite this passage
Justinian I, The Digest of Justinian §9.4.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.25.pr
Please note the AI-draft status of the translation and the date accessed.
Translation, notes and summary are AI-generated drafts, revised through reader feedback.