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Justinian I · The Digest of Justinian §13.7.7.pr

Delay in Returning Pledge Surplus and Liability for Interest

Passage 2145 of 9271 · Latin

Summary

It rules that if a creditor delays restoring the surplus from the sale of a pledge, they are compelled to pay interest to the debtor due to the delay, even if the money was simply kept on deposit.

[PAULUS libro secundo sententiarum. ] §13.7.7.prSi autem tardius superfluum restituat creditor id quod apud eum depositum est, ex mora etiam usuras debitori hoc nomine prae- stare cogendus est.
[PAULUS, Opinions, Book II] But if the creditor should restore too tardily the surplus which has been deposited with him, he must be compelled to pay interest to the debtor on this account also by reason of his delay.

Notes

  1. §13.7.7.prtardius — The comparative tardius is used as an absolute comparative meaning "too tardily" or "more slowly than is proper," which serves as the condition for the legal consequence in the main clause, namely the payment of interest ex mora (by reason of delay).
  2. §13.7.7.prid quod apud eum depositum est — This phrase, containing a relative clause, explains the preceding superfluum (surplus) more concretely. It connects back to the previous section (§13.7.6.1), where it was stated that no interest is due if the surplus is kept on deposit (depositam habuerit), emphasizing that even for such deposited funds, interest is owed once there is a delay.

Cite this passage

Justinian I, The Digest of Justinian §13.7.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.7.pr

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