- 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-lat1:4.8.38.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
It is stated that when a penalty under an arbitration agreement is claimed, the defaulting party must be condemned, regardless of whether the opponent had an interest in the award being observed.
[MODESTINUS libro sexto regularum.]
[MODESTINUS in his sixth book of Rules.]
Cum poena ex compromisso petitur, is qui commisit damnandus est, nec interest, an aduersarii eius interfuit1 arbitri sententia stari2 nec ne.
When the penalty under a submission to arbitration is claimed, the party who has incurred it must be condemned, and it makes no difference whether it was to the interest of his opponent that the award of the arbitrator should be stood by or not.
- 4.8.38.printerfuit
Perfect tense of the impersonal verb interest, which takes the genitive of the person concerned (aduersarii eius) to mean "it was of importance to / to the interest of his opponent".
- 4.8.38.prarbitri sententia stari
stari is the impersonal passive infinitive of the intransitive verb sto (to stand by, abide by), meaning "to be stood by" or "to be adhered to". arbitri sententia is an ablative of means. Together they mean "that the arbitrator's award should be stood by", serving as the subject of the impersonal verb interfuit.