← Justinian I

The Digest of Justinian

§5.1.43.pr

Jurisdiction for Breach of Building Stipulation after Due Date

It states the legal rule that a person who stipulated for a block of flats to be built in Capua within a specified time may, after the expiration of that period, sue for damages in any place whatsoever.

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[IDEM libro uicensimo septimo quaestionum.]

[THE SAME, Questions, Book XXVII.]

§5.1.43.pr

​Eum, qui insulam1 Capuae2 fieri certo tempore stipulatus est, eo finito3 quocumque loco agere posse in id quod interest4 constat.

​It is established that a person who has stipulated for a block of flats to be built at Capua within a certain time can, when that time has expired, bring an action in any place whatsoever for the amount of his interest.

Syntax notes4 items
  1. 5.1.43.prinsulam

    Although "insula" literally means "island", in the context of Roman law and architecture it refers to a "block of flats" or "apartment building".

  2. 5.1.43.prCapuae

    The genitive singular form of Capua (first declension, feminine), functioning here as a locative to mean "at Capua".

  3. 5.1.43.preo finito

    An ablative absolute construction consisting of the demonstrative pronoun "eo" (referring back to "certo tempore") and the perfect passive participle "finito" (from "finire"), meaning "when that [time] has expired".

  4. 5.1.43.prin id quod interest

    Literally "into that which is of interest [to him]", a standard legal idiom referring to "the amount of one's interest" or "damages for non-performance".

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.43.pr