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Justinian I · The Digest of Justinian §12.1.38.pr

Foresight on the Fulfillment of Conditional Obligations

Passage 1893 of 9271 · Latin

Summary

Scaevola argues that regard must be had to whether, within the limits of human capacity, it is possible to know whether a conditional obligation will eventually become due.

[SCAEUOLA libro primo quaestionum. ] §12.1.38.prRespiciendum enim esse, an, quantum in natura hominum sit, possit scire eam debitu iri.
[SCAEUOLA, from the first book of Questions.] For regard must be had to whether it is possible, so far as lies within the nature of human beings, to know that it will become due.

Notes

  1. §12.1.38.prRespiciendum enim esse — The impersonal gerundive of obligation (respiciendum) combined with the infinitive esse in indirect speech (oratio obliqua). A verb of speaking or thinking is implied from the context.
  2. §12.1.38.prquantum in natura hominum sit — A restrictive relative clause introduced by quantum ('so far as it lies within human nature/capacity'). The subjunctive sit is due to its subordination within indirect speech.
  3. §12.1.38.pream debitu iri — debitu iri is a variant or manuscript spelling for debitum iri (the future passive infinitive of debeo). It forms an accusative with infinitive (ACI) construction with the feminine accusative eam (referring to the stipulatio in the previous context) as its subject, serving as the object of scire, meaning 'that it would become due'.

Cite this passage

Justinian I, The Digest of Justinian §12.1.38.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.38.pr

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