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Justinian I · The Digest of Justinian §22.2.1.pr

Definition of Maritime Money and Application to Goods

Passage 3210 of 9271 · Latin

Summary

This section defines maritime money, clarifying that money consumed in the same place does not qualify, and explains that goods purchased with such money are treated as maritime money if they voyage at the creditor's risk.

[MODESTINUS libro decimo pandectarum. ] §22.2.1.prTraiecticia ea pecunia est quae trans mare uehitur: ceterum si eodem loci consumatur, non erit traiecticia.
[MODESTINUS, in the tenth book of the Pandects.] Maritime money is that which is carried across the sea; but if it is consumed in the same place, it will not be maritime money.
sed uidendum, an merces ex ea pecunia comparatae in ea causa habentur? et interest, utrum etiam ipsae periculo creditoris nauigent: tunc enim traiecticia pecunia fit.
But we must see whether goods purchased with that money are held in the same position? And it is important whether they themselves also voyage at the risk of the creditor: for then it becomes maritime money.

Notes

  1. §22.2.1.preodem loci — A combination of the demonstrative adverb eodem and the partitive genitive loci, forming an adverbial phrase meaning 'in the same place'.
  2. §22.2.1.prin ea causa habentur — The phrase in ea causa means 'in the same state or legal position'. Combined with habentur ('are held/regarded'), it questions whether the purchased goods receive the same legal treatment as the original maritime money.
  3. §22.2.1.prpericulo creditoris — An ablative of attendant circumstance, meaning 'at the risk of the creditor'. It states the essential requirement for maritime loans, where the creditor must bear the risk of loss during the voyage.
  4. §22.2.1.prtraiecticia pecunia fit — The implied subject is 'goods' (merces) from the previous clause. Although goods are not literally money (pecunia), the text states that if the creditor bears the risk during their voyage, they are legally assimilated to (fit) 'maritime money'.

Cite this passage

Justinian I, The Digest of Justinian §22.2.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.2.1.pr

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