Humanitext Reader

Justinian I · The Digest of Justinian §12.3.2.pr

Assessment of Interest Versus Sworn Value by Fault

Passage 1941 of 9271 · Latin

Summary

Paulus explains that in claims for property or actions for production, only the plaintiff's interest is assessed if there is negligence, but the amount sworn by the plaintiff is assessed if there is fraud or contumacy.

[PAULUS libro tertio decimo ad Sabinum. ] §12.3.2.prSiue nostrum quid petamus siue ad exhibendum agatur, interdum quod intersit agentis solum aestimatur, ueluti cum culpa non restituentis uel non exhibentis punitur: cum uero dolus aut contumacia non restituentis uel non exhibentis, quanti in litem iurauerit actor.
[PAULUS, Thirteenth Book on Sabinus.] Whether we are claiming something of our own or an action for production is being brought, sometimes only the interest of the plaintiff is assessed, as for example when the negligence of the one who does not restore or who does not produce is punished; but when the fraud or contumacy of the one who does not restore or who does not produce [is punished, there is assessed] as much as the plaintiff shall have sworn to in the lawsuit.

Notes

  1. §12.3.2.prnostrum quid — 'nostrum' is the genitive plural of the personal pronoun ("of us"), functioning as a partitive genitive with the indefinite pronoun 'quid' (used for 'aliquid'), meaning "something of ours".
  2. §12.3.2.prquod intersit agentis — A construction where the impersonal verb 'interest' ("it concerns/is of interest to") takes the genitive of the person concerned ('agentis'). 'quod' is a relative pronoun with its antecedent (such as 'id') omitted.
  3. §12.3.2.prcum uero dolus aut contumacia non restituentis uel non exhibentis, quanti in litem iurauerit actor — The verb 'punitur' is omitted in the second clause by ellipsis, corresponding to the "negligence is punished" in the first clause (thus, "when the fraud or contumacy ... [is punished]"). Additionally, the main verb 'aestimatur' is also omitted, so that the phrase means "[there is assessed] as much as the plaintiff shall have sworn".

Cite this passage

Justinian I, The Digest of Justinian §12.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.3.2.pr

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