Corpus iurisprudentiae Romanae

Repertorium zu den Quellen des römischen Rechts

Digesta Iustiniani Augusti

Recognovit Mommsen (1870) et retractavit Krüger (1928)
Convertit in Anglica lingua Scott (1932)
Dig. XLVIII23,
De sententiam passis et restitutis
Liber quadragesimus octavus
XXIII.

De sententiam passis et restitutis

(Concerning Persons Upon Whom Sentence Has Been Passed and Who Have Been Restored to Their Rights.)

1Ulpianus libro trigensimo octavo ad edictum. Ad successionem liberti patronus deportatus et restitutus admittitur. 1Sed si in metallum damnatus restituatur, numquid servitus poenae extinguat ius patronatus etiam post restitutionem? et magis est, ut non extinguat servitus ius patronatus.

1Ulpianus, On the Edict, Book XXXVIII. A patron who has been deported, and afterwards restored to his civil rights, is admitted to the succession of a freedman. 1If, however, a person has been condemned to the mines, does his penal servitude extinguish his right as a patron, even after his restoration? The better opinion is that penal servitude does not extinguish his rights as a patron.

2Idem libro quinto opinionum. Si deportatus restitutus dignitatem quidem indulgentia principis reciperavit, in sua autem omnia bona non est restitutus, nec a creditoribus nec publico nomine conveniri potest. sed cum ei facultas oblata esset a principe bona quoque sua reciperandi, maluerit ea derelinquere, actionibus exuere se, quibus ante sententiam subiectus fuerat, non poterit.

2The Same, Opinions, Book V. When a person who has been deported and restored regains his rank by the indulgence of the Emperor, but does not recover all his property, he can neither be sued by his creditors nor by the Treasury. When, however, the power of recovering his property also is offered him by the Emperor, and he prefers to relinquish it, he cannot avoid any actions brought against him before he was sentenced.

3Papinianus libro sexto decimo responsorum. In insulam deportati bona fiscus poena remissa retinuit: creditores ex ante gesto non habere cum eo qui debitor quondam fuit actiones constitit. quod si bona cum dignitatis restitutione concessa reciperaverit, utiles actiones necessariae non erunt, cum et directae competunt.

3Papinianus, Opinions, Book XVI. The Treasury retained the property of a man who was deported to an island, after his punishment had been remitted. It is established that creditors before his conviction have no rights of action against him who was their former debtor. If, however, he recovers his property with the restitution of his rank, prætorian actions will not be necessary, for direct actions will lie.

4Paulus libro septimo decimo quaestionum. In metallum damnata mulier eum quem prius conceperat edidit, deinde a principe restituta est. humanius dicetur etiam cognationis iura huic restituta videri.

4Paulus, Questions, Book XVII. A woman sentenced to the mines brought forth a child which she had previously conceived, and was afterwards restored to her rights by the Emperor. It is more humane to hold that the rights of relationship were also restored to her.