Humanitext Reader

Justinian I · The Digest of Justinian §15.3.4.pr

Priority of the First Creditor in Multiple Claims

Passage 2324 of 9271 · Latin

Summary

Gaius states that when multiple creditors compete, the one who first takes legal action should have a better position, as it is unjust to hold the master doubly liable.

[GAIUS libro nono ad edictum prouinciale. ] §15.3.4.prSed dicendum est occupantis meliorem condicionem esse debere: nam utrisque condemnari dominum de in rem uerso iniquum est.
[GAIUS, on the provincial edict, book 9] it must be said that the position of the one who first takes action ought to be better; for it is unjust for the master to be condemned to both in respect of what has been turned to his account.

Notes

  1. §15.3.4.proccupantis — Genitive singular of the present participle occupans used substantively. Here it refers to the creditor who 'first takes legal action' (among the two potential claimants in §15.3.3.10), functioning as a possessive genitive modifying condicionem.
  2. §15.3.4.prutrisque — Dative plural of the pronominal adjective uterque (each of the two, both). It functions as the dative of agent or interest with the passive infinitive condemnari, meaning 'to be condemned to both'. While the singular utrique is more common to denote each of the two, the plural is used here to refer to the two creditors involved.

Cite this passage

Justinian I, The Digest of Justinian §15.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.3.4.pr

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