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Justinian I · The Digest of Justinian §22.1.41.pr-22.1.41.2

Interest During Delayed Execution and Partial Deposits

Passage 3201 of 9271 · Latin

Summary

Responses of Modestinus regarding the liability for intermediate interest when a tutor delays execution of a judgment by an appeal, the effect of partial deposit of a debt on the interest of the whole, and the non-claimability of interest when the terms of the agreement are unclear.

[IDEM libro tertio responsorum. ] §22.1.41.prTutor condemnatus per appellationem traxerat exsecutionem sententiae.
[THE SAME, in the third book of Responses.] A tutor who had been condemned had, by means of an appeal, delayed the execution of the sentence.
Herennius Modestinus respondit eum qui de appellatione cognouit potuisse, si frustratoriam morandi causa appellationem interpositam animaduerteret, etiam de usuris medii temporis eum condemnare.
Herennius Modestinus replied that the person who took cognizance of the appeal could, if he noticed that a frustrating appeal had been interposed for the sake of delay, condemn him also in interest for the intermediate time.
§22.1.41.1Lucius Titius cum centum et usuras aliquanti temporis deberet, minorem pecuniam quam debebat obsignauit: quaero, an Titius pecuniae quam obsignauit usuras praestare non debeat.
Lucius Titius, whereas he owed one hundred and interest for some period of time, sealed up a smaller amount of money than he owed: I ask whether Titius ought not to pay interest on the money which he sealed up.
Modestinus respondit, si non hac lege mutua pecunia data est, uti liceret et particulatim quod acceptum est exsoluere, non retardari totius debiti usurarum praestationem, si, cum creditor paratus esset totum suscipere, debitor, qui in exsolutione totius cessabat, solam partem deposuit.
Modestinus replied that if the borrowed money was not given under this condition, that it should be allowed to pay also by installments what was received, the payment of interest on the whole debt is not stopped if, while the creditor was ready to receive the whole, the debtor, who was in default in the payment of the whole, deposited only a part.
§22.1.41.2Ab Aulo Agerio Gaius Seius mutuam quandam quantitatem accepit hoc chirographo: 'ille scripsi me accepisse et accepi ab illo mutuos et numeratos decem, quos ei reddam kalendis illis proximis cum suis usuris placitis inter nos': quaero, an ex eo instrumento usurae peti possint et quae.
Gaius Seius received a certain loan from Aulus Agerius under this handwritten deed: 'I, so-and-so, have written that I have received and I did receive from him as a loan and in counted cash ten, which I will return to him on the next Kalends of such-and-such, with their interest agreed upon between us': I ask whether interest can be claimed under this instrument, and what interest.
Modestinus respondit, si non appareat de quibus usuris conuentio facta sit, peti eas non posse.
Modestinus replied that, if it does not appear concerning what interest the agreement was made, it cannot be claimed.

Notes

  1. §22.1.41.preum qui de appellatione cognouit potuisse... eum condemnare — In the indirect speech introduced by `respondit`, `potuisse` is the main infinitive, whose subject is `eum qui de appellatione cognouit` (the judge who heard the appeal). The pronoun `eum` serving as the object of `condemnare` (to condemn) refers to the `tutor` mentioned in the previous sentence. Care should be taken with the nested structure where the accusative pronoun `eum` refers to two different entities (the judge and the tutor).
  2. §22.1.41.1non retardari totius debiti usurarum praestationem — This is an accusative-with-infinitive clause following `Modestinus respondit`, where `non retardari` is the passive infinitive verb and `totius debiti usurarum praestationem` (the payment of interest on the whole debt) is its subject accusative. Although `retardare` literally means "to delay" or "to retard," here it has the sense of the "stopping" or "suspension" of the accrual/liability of interest.
  3. §22.1.41.2ille scripsi me accepisse — In this text illustrating the template of a handwritten deed (chirographum), the third-person pronoun `ille` (he / so-and-so) is placed as the subject, while the verb `scripsi` (I have written) is in the first-person singular. This is because `ille` serves as a placeholder where the actual name of the debtor would be inserted in a real contract.

Cite this passage

Justinian I, The Digest of Justinian §22.1.41.pr-22.1.41.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.41.pr-22.1.41.2

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