Justinian I · The Digest of Justinian §2.14.53.pr

Invalidity of Agreement to Share Proceeds of Lawsuit

Passage 419 of 9271 · Latin

Summary

While it is honorable to advance litigation expenses to a party, making an agreement to receive half of the proceeds of the lawsuit instead of repayment with lawful interest is unlawful.

[IDEM libro quarto opinionum. ] §2.14.53.prSumptus quidem prorogare litiganti honestum est: pacisci autem, ut non quantitas eo nomine expensa cum usuris licitis restituatur, sed pars dimidia eius, quod ex ea lite datum erit, non licet.

[THE SAME, Opinions, book 4] To advance expenses to a litigant is indeed honorable; but to agree that, instead of the sum expended on that account being repaid with lawful interest, a half share of what shall have been awarded from that lawsuit (be given), is not permitted.

Notes

2.14.53.prprorogare — The verb prorogare generally means 'to prolong' or 'defer', but here it is used in the sense of 'to advance' or 'pay beforehand' (expenses to a litigant).
2.14.53.prpacisci autem, ut non — The infinitive pacisci (from the deponent verb paciscor) functions as the subject of the impersonal expression non licet. The ut clause expresses the content of the agreement (pacisci), and after sed, a verb like restituatur (repaid) or detur (given) is understood to govern the noun phrase pars dimidia...

Cite this passage

Justinian I, The Digest of Justinian §2.14.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.53.pr

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