Humanitext Reader

Justinian I · The Digest of Justinian §22.1.37.pr

Claiming Interest in a Counter-Action for Unauthorized Agency

Passage 3197 of 9271 · Latin

Summary

The passage discusses under what conditions interest can be claimed in a counter-action for unauthorized agency when the agent borrowed money or paid from his own funds to discharge the principal's debt.

[IDEM libro decimo ad edictum. ] §22.1.37.prEt in contraria negotiorum gestorum actione usurae ueniunt, si mutuatus sum pecuniam, ut creditorem tuum absoluam, quia aut in possessionem mittendus erat bonorum tuorum aut pignora uenditurus.
[THE SAME, in his tenth book on the Edict.] Interest is also allowed in the counter-action for unauthorized agency, if I have borrowed money in order to discharge your creditor, because he was either about to be put into possession of your goods or was going to sell your pledges.
quid si domi habens propter eandem causam solui? puto uerum, si liberaui ex magno incommodo, debere dici usuras uenire, eas autem, quae in regione frequentantur, ut est in bonae fidei iudiciis constitutum: sed si mutuatus dedi, hae uenient usurae quas ipse pendo, utique si plus tibi praestarim commodi, quam usurae istae colligunt.
What if I, having money at home, paid it for the same reason? I think it is correct to say that interest should be allowed, provided that I released you from a great disadvantage; but this is the interest which is customary in the region, as has been established in actions of good faith. But if I borrowed and paid, that interest will be allowed which I myself pay, provided at all events that I have conferred more benefit on you than those interest payments amount to.

Notes

  1. §22.1.37.prcontraria negotiorum gestorum actione — The counter-action for unauthorized agency (*negotiorum gestorum contraria actio*). While the direct action is brought by the principal against the agent, this counter-action is used by the agent to claim reimbursement of expenses from the principal.
  2. §22.1.37.prmittendus erat ... uenditurus — The gerundive `mittendus` and the future active participle `uenditurus` share the copula `erat` (omitted in the latter), expressing past likelihood or necessity. `In possessionem mittere` refers to putting a creditor into possession of the debtor's assets as a preliminary stage of execution.
  3. §22.1.37.prdebere dici usuras uenire — An accusative with infinitive construction governed by `puto uerum [esse]`. The verb `debere` is used impersonally with `dici` as its complementary infinitive, which in turn governs another accusative with infinitive clause, `usuras uenire`.
  4. §22.1.37.prplus tibi praestarim commodi — The word `commodi` is a partitive genitive qualifying the neuter singular `plus`. The verb `praestarim` is in the perfect subjunctive, indicating a conditional limitation ("provided at all events that I have conferred").

Cite this passage

Justinian I, The Digest of Justinian §22.1.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.37.pr

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