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Justinian I · The Digest of Justinian §16.2.3.pr

Practical Necessity of Set-Off to Avoid Payment

Passage 2381 of 9271 · Latin

Summary

Explains the practical necessity of set-off from the perspective that it is more advantageous to avoid payment in the first place than to seek the recovery of what has already been paid.

[POMPONIUS libro uicensimo quinto ad Sabinum. ] §16.2.3.prIdeo compensatio necessaria est, quia interest nostra potius non soluere quam solutum repetere.
[POMPONIUS, On Sabinus, Book XXV.] Set-off is necessary for this reason, because it is more to our interest not to pay than to recover what has been paid.

Notes

  1. §16.2.3.printerest nostra — The impersonal verb interest takes the ablative feminine singular of possessive pronouns (meā, tuā, nostrā, uestrā, suā) instead of the genitive to express 'it is in the interest of...' or 'it matters to...'. Here, nostra is used as nostrā. The subject of interest is the following infinitive clause (potius non soluere quam solutum repetere).
  2. §16.2.3.prsolutum — The accusative neuter singular of the perfect passive participle of soluere (to pay), acting substantively as 'that which has been paid' or 'payment'. It serves as the direct object of the infinitive repetere (to demand back, recover).

Cite this passage

Justinian I, The Digest of Justinian §16.2.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.2.3.pr

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