- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.11.12.pr-2.11.12.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-29
It is established that a person who uses a new privilege is not deemed to be produced in the same condition, and that the valuation of the plaintiff's interest must be based on the time when appearance was due, not when the action is brought.
[PAULUS libro undecimo ad Sabinum.]
[PAULUS, on Sabinus, book 11]
Qui autem nouo priuilegio utitur, non uidetur in eadem causa sisti.
But he who avails himself of a new privilege is not deemed to be produced in the same legal condition.
Illud tenendum est, quod aestimationem eius quod intersit agentis1 ad illud tempus referendum est,2 quo sisti debuit, non ad id, quo agitur, quamuis desierit eius interesse.
This must be held, that the valuation of that which is of interest to the plaintiff must be referred to that time at which he ought to have been produced, not to the time when the action is brought, although it may have ceased to be of interest to him.
- 2.11.12.1eius quod intersit agentis
The impersonal verb interest (here in the subjunctive intersit) means "it is of interest to / of importance to" and governs the genitive of the person concerned, which is here the genitive present participle agentis ("the plaintiff"). eius quod is the neuter pronoun phrase meaning "that which". The whole phrase means "that which is of interest to the plaintiff" (performance interest), functioning as a genitive modifying aestimationem.
- 2.11.12.1aestimationem ... referendum est
The accusative aestimationem is used with the neuter singular gerundive referendum est. This is a rare construction found in archaic and juristic Latin where a transitive gerundive is used impersonally and takes an accusative object (or it represents a grammatical anacoluthon). It is translated as equivalent to the standard classical passive construction with a nominative subject: aestimatio... referenda est ("the valuation ... must be referred").