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Justinian I · The Digest of Justinian §22.1.34.pr

Equivalence of Interest to Fruits in Good Faith Actions

Passage 3194 of 9271 · Latin

Summary

The text explains that interest is treated as equivalent to fruits and should not be separated from them, a rule observed in legacies, trusts, guardianship, and other good faith actions, which also applies to other yields.

[IDEM libro quinto decimo ad edictum. ] §22.1.34.prUsurae uicem fructuum optinent et merito non debent a fructibus separari: et ita in legatis et fideicommissis et in tutelae actione et in ceteris iudiciis bonae fidei seruatur.
[IDEM libro quinto decimo ad edictum.]\n\nInterest takes the place of fruits, and deservedly ought not to be separated from fruits; and this is accordingly observed in legacies, fideicommissa, the action on guardianship, and in other actions of good faith.
hoc idem igitur in ceteris obuentionibus dicemus.
Therefore, we shall say the very same thing in regard to other profits.

Notes

  1. §22.1.34.pruicem fructuum optinent — The noun uicem (accusative singular of uicis, "turn, place") combined with the genitive fructuum forms the idiomatic expression "to take the place of," serving as the direct object of the transitive verb optinent. This expresses that interest legally performs the same role as fruits.
  2. §22.1.34.prseruatur — The third-person singular present passive indicative of seruare ("to observe, preserve"). It can be interpreted either as having an implied subject referring to the principle of not separating interest from fruits, or as an impersonal passive ("it is observed").
  3. §22.1.34.probuentionibus — The ablative plural of obuentio ("that which falls to one, profit, revenue"), governed by the preposition in. Here, obuentio refers broadly to any other legal or economic yields or acquisitions that do not fall strictly under the categories of interest (usurae) or fruits (fructus).

Cite this passage

Justinian I, The Digest of Justinian §22.1.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.34.pr

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