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Justinian I · The Digest of Justinian §16.2.8.pr

Set-Off of Claims Subject to Joinder of Issue

Passage 2386 of 9271 · Latin

Summary

Gaius explains that a claim which has already reached the stage of joinder of issue (lis contestata) with the plaintiff can also be deducted in a set-off, so that a more diligent claimant is not put in a disadvantageous position.

[GAIUS libro nono ad edictum prouinciale. ] §16.2.8.prIn compensationem etiam id deducitur, quo nomine cum actore lis contestata est, ne diligentior quisque deterioris condicionis habeatur, si compensatio ei denegetur.
[GAIUS, On the Provincial Edict, Book IX.] In a set-off, that also is brought into deduction under the head of which joinder of issue (lis contestata) has been reached with the plaintiff, lest anyone who is more diligent should be held to be in a worse position if set-off is denied to him.

Notes

  1. §16.2.8.prquo nomine — An expression containing the ablative of the relative pronoun qui, meaning "under which head" or "for which reason," qualifying the antecedent id to specify the ground of the claim brought into set-off.
  2. §16.2.8.prdeterioris condicionis — A genitive of quality (genitivus qualitatis) functioning as the predicate ("as being of a worse condition") of the passive verb habeatur.

Cite this passage

Justinian I, The Digest of Justinian §16.2.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.2.8.pr

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