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Justinian I · The Digest of Justinian §12.7.4.pr

Equivalence of Initial Lack of Cause and Failure of Cause

Passage 2047 of 9271 · Latin

Summary

This section explains that there is no difference in legal effect whether a performance was made without cause from the very beginning, or the cause for which it was made failed to follow.

[AFRICANUS libro octauo quaestionum. ] §12.7.4.prNihil refert, utrumne ab initio sine causa quid datum sit an causa, propter quam datum sit, secuta non sit.
[AFRICANUS, in his eighth book of Questions.]\n\nIt makes no difference whether something was given without cause from the beginning, or the cause for which it was given did not follow.

Notes

  1. §12.7.4.prnihil refert — Impersonal verbal phrase meaning 'it makes no difference' or 'it does not matter', taking the indirect question clause introduced by 'utrumne... an...' as its subject.
  2. §12.7.4.prsecuta non sit — Perfect subjunctive of the deponent verb sequor ('to follow', 'to materialize'). Here it means that the cause, which was the purpose of the performance, 'did not follow' or 'failed to materialize'.

Cite this passage

Justinian I, The Digest of Justinian §12.7.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.7.4.pr

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