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Justinian I · The Digest of Justinian §17.1.44.pr

Failure to Pursue Claims or Surrender Recoveries as Fraud

Passage 2484 of 9271 · Latin

Summary

It defines that being unwilling to pursue what can be pursued, or being unwilling to hand over what has been collected, constitutes "bad faith" (dolus).

[IDEM libro sexagesimo secundo ad edictum. ] §17.1.44.prDolus est, si quis nolit persequi quod persequi potest, aut si quis nolit quod exegerit soluere.
[THE SAME, On the Edict, Book LXII.] It is bad faith if someone is unwilling to pursue what he can pursue, or if someone is unwilling to hand over what he has collected.

Notes

  1. §17.1.44.prDolus est, si — The conditional clause beginning with si quis nolit... substantively serves to define what "dolus" (bad faith) is. Rather than a mere hypothetical condition, it is interpreted as a definitional statement: "It is bad faith if/to..."
  2. §17.1.44.prquod exegerit — exegerit is the future perfect indicative or perfect subjunctive of exigo (to collect, exact), indicating an action that temporally precedes the main verb nolit. This establishes the contextual sequence of "unwilling to hand over what has [already] been collected."

Cite this passage

Justinian I, The Digest of Justinian §17.1.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.44.pr

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