Humanitext Reader

Justinian I · The Digest of Justinian §16.2.20.pr

Prohibition of Set-Off for Military Supply Curators

Passage 2398 of 9271 · Latin

Summary

It establishes that a curator condemned in relation to military supply procurement during an expedition cannot retain funds by claiming a right of set-off, due to the public nature of such accounts.

[IDEM libro tertio decimo responsorum. ] §16.2.20.prOb negotium copiarum expeditionis tempore mandatum curatorem condemnatum pecuniam iure compensationis retinere non placuit, quoniam ea non compensantur.
[THE SAME, Responsa, Book XIII.] It was held that a curator who had been condemned on account of a business concerning military supplies entrusted to him at the time of an expedition could not retain money by right of set-off, since such things are not subject to set-off.

Notes

  1. §16.2.20.prnon placuit — The negative of the impersonal verb `placuit` ('it was resolved / held'). Its subject is the accusative and infinitive clause `curatorem condemnatum pecuniam ... retinere`.
  2. §16.2.20.prob negotium copiarum expeditionis tempore mandatum — `mandatum` is a perfect passive participle modifying `negotium`. The entire phrase means 'on account of the business concerning military supplies entrusted at the time of an expedition' and denotes the ground or reason for the following participle `condemnatum` ('who had been condemned').
  3. §16.2.20.prea — Neuter plural pronoun (nominative). It refers to the public or military procurement funds related to `negotium copiarum`, or more generally to debts of such a nature. It serves as the subject of `non compensantur`, explaining that such public funds are excluded from being subject to private set-off.

Cite this passage

Justinian I, The Digest of Justinian §16.2.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.2.20.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.