Humanitext Reader

Justinian I · The Digest of Justinian §22.1.29.pr

Validity of Interest Exceeding Legal Limits and Compound Interest

Passage 3189 of 9271 · Latin

Summary

This text rules that if someone stipulates for interest exceeding the legal limit or for compound interest, only the unlawfully added portion is deemed void (as if not added), while the lawful interest remains claimable.

[MARCIANUS libro quarto decimo institutionum. ] §22.1.29.prPlacuit, siue supra statutum modum quis usuras stipulatus fuerit siue usurarum usuras, quod illicite adiectum est pro non adiecto haberi et licitas peti posse.
[MARCIANUS, from his fourteenth book of Institutes.] It has been held that, whether someone has stipulated for interest above the established limit, or for interest on interest, that which was unlawfully added is to be treated as not added, and that which is lawful can be claimed.

Notes

  1. §22.1.29.prPlacuit — An impersonal perfect verb meaning 'it has been decided/held that,' which governs the two accusative with infinitive (A.C.I.) clauses ending in 'haberi' and 'peti posse' as its subject.
  2. §22.1.29.prquod illicite adiectum est — A relative clause with the relative pronoun 'quod', where the antecedent (an indefinite neuter singular noun) is omitted. It functions as the subject accusative of the infinitive 'haberi'. Since the omitted antecedent would be in the accusative neuter singular, the clause stands as a noun phrase in the accusative.
  3. §22.1.29.prpro non adiecto — The preposition 'pro' (treated as, in place of) combined with the neuter ablative of the participle 'adiectus' (substantivized as 'that which is added') and the negative 'non'. It means 'as not added' and functions as a complement to 'haberi' (to be held/treated).
  4. §22.1.29.prlicitas — The feminine accusative plural of the adjective 'licitus' (lawful, permitted). The preceding feminine noun 'usuras' (interest) is omitted and understood to be modified by this adjective. It functions as the subject accusative of the infinitive phrase 'peti posse'.

Cite this passage

Justinian I, The Digest of Justinian §22.1.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.29.pr

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.