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Justinian I · The Digest of Justinian §22.2.9.pr

Maritime Loan Penalty upon Debtor Death before Due Date

Passage 3218 of 9271 · Latin

Summary

Labeo argues that even if the debtor is not alive on the due date for the maritime loan, the promised penalty can still be incurred just as if there were an heir.

[LABEO libro quinto pithanon a Paulo epitomatorum. ] §22.2.9.prSi traiecticiae pecuniae poena (uti solet) promissa est, quamuis eo die, qui primus soluendae pecuniae fuerit, nemo uixerit, qui eam pecuniam deberet, tamen perinde committi poena potest, ac si fuisset heres debitoris.
[LABEO, in the fifth book of Epitomes of Probabilities by Paulus.] If a penalty for a maritime loan has been promised (as is customary), although on that day which was the first for paying the money, no one was alive who owed that money, nevertheless the penalty can be incurred just as if there had been an heir of the debtor.

Notes

  1. §22.2.9.prsoluendae pecuniae — The phrase `soluendae pecuniae` in the relative clause `qui primus soluendae pecuniae fuerit` is a gerundive construction in the genitive (or dative) case. It modifies the antecedent `die` (or the complement `primus`), or acts predicatively with `fuerit`, expressing the purpose or destination: '(the day) for paying the money.'
  2. §22.2.9.prcommitti — The verb `committo` (here in the passive infinitive `committi`) is used as a legal term meaning that a condition is fulfilled, and thus 'the penalty (poena) is incurred' or 'becomes due.'

Cite this passage

Justinian I, The Digest of Justinian §22.2.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.2.9.pr

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