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Justinian I · The Digest of Justinian §14.6.19.pr

Defense of the SC Macedonianum and Creditor's Knowledge

Passage 2258 of 9271 · Latin

Summary

Based on Julian's opinion, this text states that the defense of the Macedonian Senate-Consult is only effective against a creditor who knew or could have known that the borrower was a son of the family.

[POMPONIUS libro septimo ex uariis lectionibus. ] §14.6.19.prIulianus scribit exceptionem senatus consulti Macedoniani nulli obstare, nisi qui sciret aut scire potuisset filium familias esse eum cui credebat.
[POMPONIUS, Various Readings, Book 7] Julian writes that the plea of the Macedonian Senate-Consult does not stand in the way of anyone, unless it be one who knew or could have known that the person to whom he was giving credit was a son of the family.

Notes

  1. §14.6.19.prnulli obstare, nisi qui — The dative nulli is governed by the intransitive verb obstare (to hinder, stand in the way). The antecedent (such as ei) is omitted after nisi, meaning 'it does not stand in the way of anyone, except [one] who...'. This double negative construction limits the application of the exceptio, protecting bona fide creditors who had no way of knowing.
  2. §14.6.19.prscire potuisset — The subjunctive pluperfect (potuisset) expresses a past potentiality ('could have known'), serving as the standard for determining the presence of negligence (whether there were reasonable means of knowing).

Cite this passage

Justinian I, The Digest of Justinian §14.6.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.6.19.pr

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