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Justinian I · The Digest of Justinian §9.4.30.pr

Protection and Defense of Absentees in Noxal Actions

Passage 1611 of 9271 · Latin

Summary

This section provisions that in noxal actions, the rights of those who are absent in good faith are protected, and upon their return, they are granted the power to defend based on equity, whether as owners or other right-holders such as creditors or usufructuaries.

[IDEM libro ad edictum praetoris urbani, titulo de damno infecto. ] §9.4.30.prIn noxalibus actionibus eorum qui bona fide absunt ius non corrumpitur, sed reuersis defendendi ex bono et aequo potestas datur, sive domini sint sive aliquid in ea re ius habeant, qualis est creditor et fructuarius.
[THE SAME, from his Book on the Edict of the Urban Praetor, under the Title on Threatened Damage.] In noxal actions, the right of those who are absent in good faith is not prejudiced, but upon their return, they are granted the power to defend on the basis of equity and justice, whether they are owners or have some right in the matter, such as a creditor and a usufructuary.

Notes

  1. §9.4.30.preorum qui bona fide absunt — The genitive "eorum" modifies "ius", meaning "the right of those who are absent in good faith." "Bona fide" is an adverbial modifier in the ablative, meaning "in good faith" (i.e., absent with a justifiable reason and without negligence).
  2. §9.4.30.prreuersis — The dative plural of "reuersus", the perfect participle of the semi-deponent verb "reuertor" (to return). It functions as the dative complement of the passive verb "potestas datur" ("power is given to..."), used substantively to mean "to those who have returned."
  3. §9.4.30.prdefendendi — The genitive of the gerund of "defendo", modifying the noun "potestas" ("the power of defending").
  4. §9.4.30.prqualis est creditor et fructuarius — A clause introduced by the relative adjective "qualis" (such as). Although there are two coordinated subjects, "creditor" and "fructuarius", the verb is in the singular "est", either because it applies to each subject individually or treats the combination as representing a single illustrative category.

Cite this passage

Justinian I, The Digest of Justinian §9.4.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.30.pr

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