- 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-lat1:4.8.42.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
It is discussed that while an arbitrator's decision ordering a penalty to be paid to the treasury is invalid, the penalty under the stipulation is nevertheless incurred because the arbitrator's decision was not complied with.
[PAPINIANUS libro secundo responsorum.]
[PAPINIANUS in his second book of Opinions.]
Arbiter intra certum diem seruos restitui iussit, quibus non restitutis poenae causa fisco secundum formam compromissi condemnauit:1 ob eam sententiam fisco nihil adquiritur, sed nihilo minus stipulationis poena committitur, quod ab arbitro statuto2 non sit obtemperatum.
An arbitrator ordered slaves to be restored within a certain day, and, as they were not restored, condemned [the party] to pay a penalty to the treasury according to the terms of the submission. By virtue of this decision, nothing is acquired by the treasury; nevertheless, the penalty of the stipulation is incurred, because that which was decided by the arbitrator was not complied with.
- 4.8.42.prcondemnauit
The direct object of the verb condemnare (to condemn/sentence), representing the party who failed to restore the slaves, is omitted and must be understood from the context.
- 4.8.42.prab arbitro statuto
statuto is the dative singular of the neuter noun statutum (decision/order). It is governed by the impersonal passive obtemperatum... sit of the intransitive verb obtemperare (to comply with, which takes the dative). ab arbitro (by the arbitrator) modifies statuto.