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Justinian I · The Digest of Justinian §16.2.15.pr

Set-off of debts with a specific place of performance

Passage 2393 of 9271 · Latin

Summary

The jurist's response to the question of whether, in a set-off involving a debt promised at a certain place, the parties' interest in having the performance at that specific place must be taken into account.

[IDEM libro secundo epistularum. ] §16.2.15.prPecuniam certo loco a Titio dari stipulatus sum: is petit a me quam ei debeo pecuniam: quaero, an hoc quoque pensandum sit, quanti mea interfuit certo loco dari.
[THE SAME, Letters, Book II.] I stipulated for money to be given by Titius at a certain place; he demands from me the money which I owe him. I ask whether this also should be taken into account, namely, how much it was in my interest for it to be given at the certain place.
respondit: si Titius petit, eam quoque pecuniam, quam certo loco promisit, in compensationem deduci oportet, sed cum sua causa, id est ut ratio habeatur, quanti Titii interfuerit eo loco quo conuenerit pecuniam dari.
He replied: if Titius demands it, that money also, which he promised at a certain place, ought to be deducted in set-off, but with its own condition; that is, so that account is taken of how much it was in Titius's interest for the money to be given at the place which was agreed upon.

Notes

  1. §16.2.15.prquanti mea interfuerit — Construction of the impersonal verb interest ('it matters/is of interest'). It takes the genitive of value quanti ('how much') to indicate the degree of importance, and because the person concerned is the first-person singular, the ablative feminine singular of the possessive adjective mea is used instead of the genitive.
  2. §16.2.15.prquanti Titii interfuerit — The same construction with interest as in quanti mea interfuerit, but since the person concerned is a noun (Titius), the regular genitive form Titii is used.
  3. §16.2.15.prquam ei debeo pecuniam — A case of antecedent incorporation, where the noun pecuniam (which serves as the antecedent) is placed inside the relative clause after the relative pronoun quam, instead of the normal order pecuniam quam ei debeo.

Cite this passage

Justinian I, The Digest of Justinian §16.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.2.15.pr

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