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Justinian I · The Digest of Justinian §12.1.22.pr

Standards of Time and Place for Valuation of Loaned Wine

Passage 1877 of 9271 · Latin

Summary

In a claim for the return of wine given as a loan, Sabinus provides opinions on the standards for the "time" and "place" at which the valuation of the wine should be determined.

[IDEM libro quarto ex Minicio. ] §12.1.22.prUinum, quod mutuum datum erat, per iudicem petitum est: quaesitum est, cuius temporis aestimatio fieret, utrum cum datum esset an cum litem contestatus fuisset an cum res iudicaretur.
[THE SAME, from the fourth book on Minicius.] Wine, which had been given as a loan, was claimed through a judge. The question was asked, of which time the valuation should be made: whether when it was given, or when joinder of issue was reached, or when judgment was being rendered.
Sabinus respondit, si dictum esset quo tempore redderetur, quanti tunc fuisset, si dictum non esset, quanti tunc fuisset, cum petitum esset.
Sabinus replied that, if it had been agreed at what time it should be returned, [it should be valued at] what it had been worth at that time; if it had not been agreed, what it had been worth at the time when it was claimed.
interrogaui, cuius loci pretium sequi oporteat.
I asked which place's price should be followed.
respondit, si conuenisset, ut certo loco redderetur, quanti eo loco esset, si dictum non esset, quanti ubi esset petitum.
He replied that if it had been agreed that it should be returned in a certain place, [the price should be] what it was worth in that place; if it had not been agreed, what it was worth where it was claimed.

Notes

  1. §12.1.22.prcuius temporis — Genitive of relation or quality qualifying the noun `aestimatio`, meaning "valuation of which time."
  2. §12.1.22.prlitem contestatus fuisset — A verbal expression of the key procedural concept of "joinder of issue" (litis contestatio), using the deponent verb `contestor` (to call to witness, join issue), with the litigant/plaintiff as the subject.
  3. §12.1.22.prquanti — Genitive of value, indicating an indefinite price or worth, meaning "how much it had been worth."

Cite this passage

Justinian I, The Digest of Justinian §12.1.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.22.pr

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