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Justinian I · The Digest of Justinian §12.4.11.pr

Recovery of Funds for Failure to Erect Monument

Passage 1961 of 9271 · Latin

Summary

This section discusses how a condictio lies against a freedman who received money from an heir to build a monument under a testamentary order but failed to perform the task.

[IULIANUS libro decimo digestorum. ] §12.4.11.prSi heres arbitratu liberti certa summa monumentum iussus facere dederit liberto pecuniam et is accepta pecunia monumentum non faciat, condictione tenetur.
[JULIANUS, Tenth Book of the Digests.] If an heir, having been ordered to build a monument at the discretion of a freedman for a certain sum, has given the money to the freedman, and the latter, having received the money, does not build the monument, he is held liable to a condictio.

Notes

  1. §12.4.11.prarbitratu liberti — The ablative singular 'arbitratu' of the noun 'arbitratus' (discretion, judgment) functions as an ablative of accordance, meaning 'in accordance with the discretion of the freedman'.
  2. §12.4.11.prcondictione tenetur — The subject of the verb 'tenetur' is the pronoun 'is' (referring to the freedman). Since he received the money but failed to build the monument, he is held liable under a condictio for failure to perform the purpose for which the money was given (condictio ob rem dati).

Cite this passage

Justinian I, The Digest of Justinian §12.4.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.4.11.pr

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