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Justinian I · The Digest of Justinian §22.1.15.pr

Exemption from Interest on Restitution of Fruits

Passage 3175 of 9271 · Latin

Summary

Paulus rules that interest is not required to be paid either on fruits that must be restored by the office of the judge after the joinder of issue, or on those gathered prior to that and recovered as if from a possessor in bad faith.

[IDEM libro sexto decimo responsorum. ] §22.1.15.prRespondit neque eorum fructuum, qui post litem contestatam officio iudicis restituendi sunt, usuras praestari oportere, neque eorum, qui prius percepti quasi malae fidei possessori condicuntur.
[THE SAME, from the sixteenth book of Opinions.] He answered that interest ought not to be paid either on those fruits which, after joinder of issue, must be restored by the office of the judge, or on those which, having been gathered beforehand, are sued for recovery as if from a possessor in bad faith.

Notes

  1. §22.1.15.prusuras praestari oportere — The infinitive oportere (from the impersonal verb oportet) functions as the main verb of the indirect statement dependent on Respondit. Its grammatical subject is the accusative-with-infinitive construction usuras praestari ("that interest be paid"). This entire clause is doubly negated by the preceding neque... neque.
  2. §22.1.15.prquasi malae fidei possessori condicuntur — The subject of condicuntur (are sued for recovery under a condictio) is the relative pronoun qui, which refers back to eorum [fructuum]. The phrase malae fidei possessori is in the dative case and, introduced by quasi ("as if"), establishes a comparison: "as if [sued] against a possessor in bad faith."

Cite this passage

Justinian I, The Digest of Justinian §22.1.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.15.pr

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