Justinian I · The Digest of Justinian §19.2.38.pr-19.2.38.1

Right to Remuneration When Non-Performance Lacks Fault

Passage 2859 of 9271 · Latin

Summary

This section rules that if a contractor of services or an advocate is not at fault for the failure to perform, they are entitled to receive full wages or keep their fees.

[Paulus libro singulari regularum. ] §19.2.38.prQui operas suas locauit, totius temporis mercedem accipere debet, si per eum non stetit, quo minus operas praestet.

[PAULUS, from the single book of Rules.] He who has let out his services ought to receive the wages for the whole time, if it was not due to him that he did not perform the services.

§19.2.38.1Aduocati quoque, si per eos non steterit, quo minus causam agant, honoraria reddere non debent.

Advocates also, if it was not due to them that they did not plead the case, do not have to return their fees.

Notes

19.2.38.prper eum non stetit, quo minus — An impersonal idiomatic expression 'per aliquem stat' (+ quo minus) meaning 'it is due to someone that ... is prevented'. Here, with the negation, it means 'it was not due to him that he did not perform'.
19.2.38.1honoraria — Accusative plural of 'honorarium' (honorary fee). The compensation received by those engaged in liberal arts, such as advocates (advocati), was distinguished from the wages (merces) for manual or ordinary services (operae) and was referred to by this term.

Cite this passage

Justinian I, The Digest of Justinian §19.2.38.pr-19.2.38.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.38.pr-19.2.38.1

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