← Justinian I

The Digest of Justinian

§4.8.52.pr

Payment Default on Arbitral Order and Penalty Relief

It states that if someone ordered by an arbitrator to pay money defaults, they incur the penalty agreed upon in the submission, but are released from it if they subsequently make the payment.

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[IDEM libro quarto regularum.]

[THE SAME in his fourth book of Rules.]

§4.8.52.pr

​Si qui1 iussus est ab arbitro ex compromisso soluere pecuniam moram fecerit, poenam ex compromisso debet, sed postea soluendo2 poena3 liberatur.

​If anyone who has been ordered by an arbitrator under a submission to pay money has made default, he owes the penalty under the submission, but by paying afterwards he is released from the penalty.

Syntax notes3 items
  1. 4.8.52.prqui

    This can be interpreted either as the indefinite pronoun quis used after si ("if anyone"), or as the relative pronoun qui with its antecedent omitted ("if he who..."). Here it functions as the subject, meaning "if anyone who...".

  2. 4.8.52.prsoluendo

    The ablative singular of the gerund of solvere, expressing means or instrument ("by paying").

  3. 4.8.52.prpoena

    Ablative of separation, used in construction with the passive verb liberatur ("is released from").

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.52.pr