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Justinian I · The Digest of Justinian §14.6.5.pr

Denial of the Benefit of Competence and Full Liability

Passage 2244 of 9271 · Latin

Summary

Paulus states that a debtor in this situation must be held liable for the entire amount, without receiving the benefit of competence which would limit liability to their ability to pay.

[PAULUS libro tertio quaestionum. ] §14.6.5.prErgo hic et in solidum damnabitur, non in id quod facere potest.
[PAULUS, Questions, Book 3] Therefore, this person too will be condemned for the whole amount, not to the extent of what he is able to pay.

Notes

  1. 14.6.5.pret — Functions as an adverbial `et` ("also", "too") modifying the pronoun `hic` ("this person"), indicating that like an ordinary debtor, or now that he is no longer under paternal power, he too is liable without limitation. Alternatively, it could be taken as emphasizing `in solidum` ("even for the whole amount").
  2. 14.6.5.prin solidum damnabitur, non in id quod facere potest — A contrast between `in solidum` ("for the whole amount") and `in id quod facere potest` ("to the extent of what he is able to do", i.e., his ability to pay). The latter is a standard legal formula for the "benefit of competence" (beneficium competentiae) in Roman law, which limits a debtor's liability to avoid extreme destitution; here, it is excluded, and the debtor will be condemned (`damnabitur`) for the full amount.

Cite this passage

Justinian I, The Digest of Justinian §14.6.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.6.5.pr

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