- 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-lat1:7.1.37.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
The text discusses whether, when a usufruct or services for a specified period were promised, and a part of that period has elapsed due to the debtor's default, the usufruct or services for the elapsed period can be rightfully claimed.
[IDEM libro septimo quaestionum.]
[THE SAME, in the seventh book of Questions.]
Quaesitum est, si, cum in annos decem proximos usum fructum de te dari stipulatus essem, per te steterit quo minus dares1 et quinquennium transierit, quid iuris sit. item si Stichi decem annorum proximorum operas de te dari stipulatus sim et similiter quinquennium praeteriit. respondit eius temporis2 usum fructum et operas recte peti, quod per te transactum est quo minus darentur.3
It was asked what the law is if, when I had stipulated with you for the usufruct to be given for the next ten years, it was due to you that you did not give it, and five years have passed. Likewise, if I stipulated for the services of Stichus for the next ten years to be given by you, and similarly five years have passed. He replied that the usufruct and the services for that period are rightly sued for, because it was brought about by you that they were not given.
- 7.1.37.prper te steterit quo minus dares
This is an important legal idiom consisting of the impersonal verb "stat" with the prepositional phrase "per aliquem" and a "quo minus" clause, meaning "it is due to someone that... not" or "someone is responsible for the failure to...".
- 7.1.37.preius temporis
A restrictive genitive referring to the five-year period ("quinquennium") that has already elapsed due to the debtor's delay, out of the total ten years contracted.
- 7.1.37.prper te transactum est quo minus darentur
Here, "transigere" means "to manage" or "to bring about." Similar to "per te stetit," it indicates that the failure to perform was brought about by the debtor's own conduct, establishing the attribution of fault.