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Justinian I · The Digest of Justinian §12.1.1.pr-12.1.1.1

Meaning of the Edict Title on Credit

Passage 1856 of 9271 · Latin

Summary

Ulpian explains the meaning of the title "Of things given on credit" in the praetor's edict, citing Celsus to show that it is a general term encompassing various types of contracts.

[ULPIANUS libro uicensimo sexto ad edictum. ] §12.1.1.prE re est, priusquam ad uerborum interpretationem perueniamus, pauca de significatione ipsius tituli referre.
[ULPIAN, On the Edict, book 26] It is useful, before we come to the interpretation of the words, to mention a few things concerning the meaning of the title itself.
§12.1.1.1Quoniam igitur multa ad contractus uarios pertinentia iura sub hoc titulo praetor inseruit, ideo rerum creditarum titulum praemisit: omnes enim contractus, quos alienam fidem secuti instituimus, conplectitur: nam, ut libro primo quaestionum Celsus ait, credendi generalis appellatio est: ideo sub hoc titulo praetor et de commodato et de pignore edixit.
Since, therefore, the praetor has inserted under this title many rules of law pertaining to various contracts, he has for that reason placed the title "Of things given on credit" at the head; for it embraces all contracts which we enter into, relying on the good faith of another; for, as Celsus says in the first book of his Questions, the designation of "credere" (giving credit) is general; therefore under this title the praetor has also issued edicts concerning loan for use and concerning pledge.
nam cuicumque rei adsentiamur alienam fidem secuti mox recepturi quid, ex hoc contractu credere dicimur.
For in whatever matter we give our assent, relying on the good faith of another, being about to receive something back soon, we are said to "credere" on the basis of this contract.
rei quoque uerbum ut generale praetor elegit.
The praetor also chose the word "res" (thing) as being general.

Notes

  1. §12.1.1.prE re est — An idiomatic expression meaning "it is advantageous" or "it is useful," equivalent to "ex re est." The word "re" is the ablative of "res" (advantage, matter), and the subject of the clause is the following infinitive phrase "pauca...referre."
  2. §12.1.1.1alienam fidem secuti — The perfect participle "secuti" (nominative plural masculine) of the deponent verb "sequor" (to follow, to trust) agrees with the implied subject "we" of the main clause, taking the accusative "alienam fidem" (the good faith of another) as its object. It means "relying on the good faith of another."
  3. §12.1.1.1mox recepturi quid — The future active participle "recepturi" (from "recipio", nominative plural masculine) expresses intention ("being about to receive" or "intending to receive") and agrees with the subject. "quid" is the shortened form of the indefinite pronoun "aliquid", serving as the object of the participle.

Cite this passage

Justinian I, The Digest of Justinian §12.1.1.pr-12.1.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.1.pr-12.1.1.1

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