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Justinian I · The Digest of Justinian §16.2.24.pr

Admissibility of Set-Off in Claims Sued by Treasury

Passage 2402 of 9271 · Latin

Summary

A decision by the Emperor ordering that a defendant sued by the treasury must be heard if they can prove that the treasury owes them the amount they are being sued for.

[IDEM libro tertio decretorum. ] §16.2.24.prIussit imperator audiri adprobantem sibi a fisco deberi, quod ipse conuenitur.
[THE SAME, Decisions, Book III.] The Emperor ordered that a person who proves that what he himself is sued for is owed to him by the treasury should be heard.

Notes

  1. §16.2.24.praudiri adprobantem — The active present participle `adprobantem` is used substantively as the subject accusative of the passive infinitive `audiri`. This forms an accusative with infinitive (A.C.I.) construction dependent on `iussit`, meaning "ordered that [a person] who proves... should be heard."
  2. §16.2.24.prquod ipse conuenitur — The relative pronoun `quod` (neuter singular) acts with an implied antecedent (such as `id`) representing the debt. Along with the passive `conuenitur` ("is sued" or "is summoned"), it means "that which he himself is sued for," with the entire clause functioning as the subject (or in apposition to it) of `deberi`.

Cite this passage

Justinian I, The Digest of Justinian §16.2.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.2.24.pr

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