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Justinian I · The Digest of Justinian §16.2.16.pr-16.2.16.1

Set-off among multiple heirs and mutual judgment debts

Passage 2394 of 9271 · Latin

Summary

This chunk outlines the restriction of set-off when a soldier's estate is divided among multiple heirs, and explains the exception where mutual set-off is admitted within a grace period when both parties have prior judgments against each other.

[PAPINIANUS libro tertio quaestionum. ] §16.2.16.prCum militi castrensium bonorum alius, ceterorum alius heres exstitit et debitor alteri heredum obligatus uult compensare quod ab alio debetur, non audietur.
[PAPINIANUS, Questions, Book III.] When one person has become the heir to the military property of a soldier, and another to the rest of his property, and a debtor who is obligated to one of the heirs wishes to set off what is owed by the other, he shall not be heard.
§16.2.16.1Cum intra diem ad iudicati exsecutionem datum iudicatus Titio agit cum eodem Titio, qui et ipse pridem illi iudicatus est, compensatio admittetur: aliud est enim diem obligationis non uenisse, aliud humanitatis gratia tempus indulgeri solutionis.
When a person who has been condemned to Titius sues the same Titius within the period allowed for the execution of the judgment, while Titius himself was also previously condemned to him, a set-off will be admitted; for it is one thing that the day of the obligation has not arrived, and another that time is granted for payment out of favor.

Notes

  1. §16.2.16.prquod ab alio debetur — `ab alio` means "by the other (heir)," in contrast to `alteri` (to the one heir) mentioned earlier. `debetur` is passive, meaning "what is owed by the other (to the debtor)," representing a claim the debtor holds against the other heir.
  2. §16.2.16.1aliud est enim diem obligationis non uenisse, aliud humanitatis gratia tempus indulgeri solutionis — The correlative construction `aliud est ... aliud ...` contrasts two different legal situations. The subject of the first part is the accusative-with-infinitive clause `diem obligationis non uenisse` (that the day of the obligation has not arrived), and that of the second part is `tempus indulgeri solutionis` (that time is granted for payment). `indulgeri` is a passive present infinitive with `tempus` as its subject.

Cite this passage

Justinian I, The Digest of Justinian §16.2.16.pr-16.2.16.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.2.16.pr-16.2.16.1

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