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Justinian I · The Digest of Justinian §12.1.35.pr

Liability for the Deterioration of a Debt Due to Fault

Passage 1890 of 9271 · Latin

Summary

It is stipulated that the risk of a debt deteriorating falls upon the person whose fault in causing that deterioration can be proved.

[MODESTINUS libro tertio responsorum. ] §12.1.35.prPericulum nominum ad eum, cuius culpa deterius factum probari potest, pertinet.
[MODESTINUS, from the third book of Responses.] The risk of the debts belongs to him by whose fault it can be proved they have been made worse.

Notes

  1. §12.1.35.prnominum — Genitive plural of the noun nomen (literally 'name' or 'entry in a ledger'). In Roman law, it is used as a technical term to denote 'debts' or 'claims' arising from ledger entries.
  2. §12.1.35.prdeterius factum — The perfect passive infinitive deterius factum esse with esse omitted. It functions as the subject (nominative infinitive) of probari potest ('can be proved'), meaning 'having been made worse' (i.e., deteriorated in value), either impersonally or with an implied subject.

Cite this passage

Justinian I, The Digest of Justinian §12.1.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.35.pr

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