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Justinian I · The Digest of Justinian §12.3.3.pr

Oath of Interest Concerning Deposited Money

Passage 1942 of 9271 · Latin

Summary

Ulpianus argues that for deposited coins, the judge should not generally allow the plaintiff's oath of interest because the monetary value is certain, but exceptions are made if timely return was critical to the plaintiff's specific interest, such as avoiding a penalty or keeping a pledge from being sold.

[ULPIANUS libro trigensimo ad edictum. ] §12.3.3.prNummis depositis iudicem non oportet in litem iusiurandum deferre, ut iuret quisque quod sua interfuit, cum certa sit nummorum aestimatio.
[ULPIANUS, Thirtieth Book on the Edict.] In the case of deposited coins, the judge ought not to tender the oath in court, so that each person may swear to what his interest was, since the valuation of coins is certain; unless, perhaps, someone should swear concerning this, namely, that it was to his interest that the coins be returned to him on his due date.
nisi forte de eo quis iuret, quod sua interfuit nummos sibi sua die redditos esse: quid enim, si sub poena pecuniam debuit? aut sub pignore, quod, quia deposita ei pecunia adnegata est, distractum est?
For what if he owed money under a penalty? Or under a pledge which, because the deposited money was denied to him, was sold?

Notes

  1. §12.3.3.prsua interfuit — A construction of the impersonal verb interest (perfect interfuit, "it concerns, is of interest to") combined with the feminine ablative singular of the possessive pronoun sua. It means "it was to his (the plaintiff's own) interest."
  2. §12.3.3.praut sub pignore — This phrase continues the structure of the preceding si-clause (si sub poena pecuniam debuit). If the ellipsis is filled, it reads aut si sub pignore pecuniam debuit ("or if he owed money under a pledge"). The relative pronoun quod refers back to pignore.

Cite this passage

Justinian I, The Digest of Justinian §12.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.3.3.pr

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