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Justinian I · The Digest of Justinian §19.2.37.pr

Employer Risk for Force Majeure Destruction Prior to Approval

Passage 2858 of 9271 · Latin

Summary

It states that if a work is destroyed by force majeure before approval, the loss falls on the employer only if the work was of such quality that it ought to have been approved.

[Iauolenus libro octauo ex Cassio. ] §19.2.37.prSi, priusquam locatori opus probaretur, ui aliqua consumptum est, detrimentum ad locatorem ita pertinet, si tale opus fuit, ut probari deberet.
[JAVOLENUS, from the eighth book on Cassius.] If, before the work was approved by the employer, it was destroyed by some force, the loss falls upon the employer only if the work was of such a character that it ought to have been approved.

Notes

  1. 19.2.37.prlocatori — A dative accompanying the passive verb `probaretur`, functioning either as a dative of agent (denoting the person who is to approve) or a dative of reference.
  2. 19.2.37.prita ... si — A correlative construction where the adverb `ita` anticipates and restricts the subsequent conditional clause introduced by `si`, expressing a restrictive condition ('only if', 'only in the event that').

Cite this passage

Justinian I, The Digest of Justinian §19.2.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.37.pr

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