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Justinian I · The Digest of Justinian §22.2.2.pr

Substitute for Demand of Maritime Money When Debtor Is Absent

Passage 3211 of 9271 · Latin

Summary

Pomponius, citing Labeo, explains that if there is no one on the debtor's side to receive a demand for the maritime money, documenting this fact in an attestation serves as a valid substitute for a formal demand.

[POMPONIUS libro tertio ex Plautio. ] §22.2.2.prLabeo ait, si nemo sit, qui a parte promissoris interpellari traiecticiae pecuniae possit, id ipsum testatione complecti debere, ut pro petitione id cederet.
[POMPONIUS, in the third book on Plautius.] Labeo says that, if there is no one on the side of the promisor who can be demanded payment in respect of the maritime money, this very fact must be recorded in an attestation, so that it may be held equivalent to a demand.

Notes

  1. §22.2.2.printerpellari — Passive infinitive of the transitive verb interpellare (to demand payment, to summon). It takes the relative pronoun qui (with nemo as its antecedent) as its subject, meaning 'to be demanded payment'.
  2. §22.2.2.prtraiecticiae pecuniae — Genitive of reference or cause. Combined with the passive interpellari, it denotes the subject matter or reason of the demand: 'demanded payment in respect of the maritime money'.
  3. §22.2.2.prpro petitione id cederet — The phrase cedere pro with the ablative is a legal idiom meaning 'to be held equivalent to, to go in lieu of'. The subject id refers to the fact (or the document recording the fact) that a demand was attempted but no one was present.

Cite this passage

Justinian I, The Digest of Justinian §22.2.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.2.2.pr

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