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Justinian I · The Digest of Justinian §9.4.33.pr

Defense of Dependents in Noxal Actions and Default

Passage 1614 of 9271 · Latin

Summary

In a noxal action, defending a dependent is voluntary; however, if undefended, a slave must be forfeited, whereas a free person under power must be allowed to defend themselves.

[POMPONIUS libro quarto decimo ad Sabinum. ] §9.4.33.prNoxali iudicio inuitus nemo cogitur alium defendere, sed carere debet eo quem non defendit, si seruus est: quod si liber est qui in potestate sit, indistincte ipsi sui defensio danda est:
[POMPONIUS, on Sabinus, Book XIV.] In a noxal action, no one is compelled against his will to defend another, but he must forfeit the person whom he does not defend, if he is a slave; but if he who is under power is a free person, the defense of himself must be given to him without distinction.

Notes

  1. §9.4.33.prcarere debet eo — The verb `carere` (to lack, forfeit) takes an ablative object (here `eo`). In a noxal action, if the master does not defend the slave, he must forfeit ownership of him (e.g., through noxal surrender).
  2. §9.4.33.pripsi sui defensio — `ipsi` is a dative ("to himself") referring to the free person under power. `sui` is an objective genitive modifying the noun `defensio` ("defense of himself"). Thus, the phrase means "the defense of himself must be given to himself."

Cite this passage

Justinian I, The Digest of Justinian §9.4.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.33.pr

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