Humanitext Reader

Justinian I · The Digest of Justinian §2.11.12.pr-2.11.12.1

New Privileges, Same Condition, and the Time of Valuation

Passage 339 of 9271 · Latin

Summary

It is established that a person who uses a new privilege is not deemed to be produced in the same condition, and that the valuation of the plaintiff's interest must be based on the time when appearance was due, not when the action is brought.

[PAULUS libro undecimo ad Sabinum. ] §2.11.12.prQui autem nouo priuilegio utitur, non uidetur in eadem causa sisti.
[PAULUS, on Sabinus, book 11] But he who avails himself of a new privilege is not deemed to be produced in the same legal condition.
§2.11.12.1Illud tenendum est, quod aestimationem eius quod intersit agentis ad illud tempus referendum est, quo sisti debuit, non ad id, quo agitur, quamuis desierit eius interesse.
This must be held, that the valuation of that which is of interest to the plaintiff must be referred to that time at which he ought to have been produced, not to the time when the action is brought, although it may have ceased to be of interest to him.

Notes

  1. §2.11.12.1aestimationem ... referendum est — The accusative `aestimationem` is used with the neuter singular gerundive `referendum est`. This is a rare construction found in archaic and juristic Latin where a transitive gerundive is used impersonally and takes an accusative object (or it represents a grammatical anacoluthon). It is translated as equivalent to the standard classical passive construction with a nominative subject: `aestimatio... referenda est` ("the valuation ... must be referred").
  2. §2.11.12.1eius quod intersit agentis — The impersonal verb `interest` (here in the subjunctive `intersit`) means "it is of interest to / of importance to" and governs the genitive of the person concerned, which is here the genitive present participle `agentis` ("the plaintiff"). `eius quod` is the neuter pronoun phrase meaning "that which". The whole phrase means "that which is of interest to the plaintiff" (performance interest), functioning as a genitive modifying `aestimationem`.

Cite this passage

Justinian I, The Digest of Justinian §2.11.12.pr-2.11.12.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.11.12.pr-2.11.12.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.