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Justinian I · The Digest of Justinian §22.1.6.pr-22.1.6.1

Imperial Decisions on Interest in Actions and Dowry Claims

Passage 3166 of 9271 · Latin

Summary

Imperial decisions by Antoninus and Severus regarding the payment of interest: first, in a de in rem verso action against an heir; second, concerning the return of a dowry from the treasury with interest.

[IDEM libro uicesimo nono quaestionum. ] §22.1.6.prCum de in rem uerso cum herede patris uel domini ageretur et usurarum quaestio moueretur, imperator Antoninus ideo soluendas usuras iudicauit, quod eas ipse dominus uel pater longo tempore praestitisset.
[THE SAME, Questions, Book 29] When an action concerning property profit (de in rem verso) was brought against the heir of a father or a master, and a question regarding interest was raised, the Emperor Antoninus judged that interest ought to be paid, for the reason that the master or father himself had paid it for a long time.
§22.1.6.1Imperator quoque noster Seuerus filiae Flauii Athenagorae, cuius bona fuerant publicata, de fisco ideo numerari decies centena dotis nomine iussit, quod ea patrem praestitisse dotis usuras allegasset.
Our Emperor Severus also, in the case of the daughter of Flavius Athenagoras, whose property had been confiscated, ordered ten hundred thousand (sesterces) to be paid from the treasury under the name of dowry, because she had alleged that her father had paid interest on the dowry.

Notes

  1. §22.1.6.prde in rem uerso — Refers to the action concerning property profit (actio de in rem verso). Used here with the impersonal passive verb 'ageretur' (an action was brought), meaning 'when an action was brought concerning property profit'.
  2. §22.1.6.prsoluendas usuras — An accusative-with-infinitive construction 'soluendas [esse] usuras', where the gerundive 'soluendas' expresses obligation, forming the object clause of 'iudicauit' ('judged that interest ought to be paid').
  3. §22.1.6.1decies centena — An idiomatic abbreviation for 'decies centena milia sestertium' (ten times one hundred thousand sesterces, i.e., one million sesterces).
  4. §22.1.6.1quod ea patrem praestitisse dotis usuras allegasset — Within the 'quod' clause containing the subjunctive verb 'allegasset' (she had alleged), there is a nested accusative-with-infinitive construction 'patrem praestitisse' (that her father had paid). The subject pronoun 'ea' (she) refers back to 'filiae'. The subjunctive mood indicates the reason as presented or reported to the emperor who made the order.

Cite this passage

Justinian I, The Digest of Justinian §22.1.6.pr-22.1.6.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.6.pr-22.1.6.1

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