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Justinian I · The Digest of Justinian §22.3.26.pr

Tacit Remission of Trust by Non-Claim and Payment

Passage 3244 of 9271 · Latin

Summary

A case where Procula sought to set off a trust claim against her deceased brother with her debts to his heirs, but Emperor Commodus denied the set-off, ruling that the trust had been tacitly remitted since she never demanded it during his lifetime and even paid money to him.

[PAPINIANUS libro uicesimo quaestionum. ] §22.3.26.prProcula magnae quantitatis fideicommissum a fratre sibi debitum post mortem eius in ratione cum heredibus compensare uellet, ex diuerso autem allegaretur numquam id a fratre quamdiu uixit desideratum, cum uariis ex causis saepe rationi fratris pecunias ratio Proculae soluisset: diuus Commodus cum super eo negotio cognosceret, non admisit compensationem, quasi tacite fratri fideicommissum fuisset remissum.
[PAPINIANUS libro uicesimo quaestionum.] When Procula wished to set off in an account with the heirs, after his death, a trust of a large amount due to her from her brother, but on the other hand it was alleged that this had never been demanded from the brother as long as he lived, although the account of Procula had often paid money to the account of the brother for various reasons: the Divine Commodus, when he investigated the matter, did not allow the set-off, as if the trust had been tacitly remitted to the brother.

Notes

  1. §22.3.26.prmagnae quantitatis — A genitive of quality (genitivus qualitatis) or genitive of measure modifying 'fideicommissum', meaning 'of a large amount'.
  2. §22.3.26.pra fratre ... desideratum — The perfect passive infinitive 'desideratum [esse]' with 'esse' omitted. The prepositional phrase 'a fratre' does not denote the agent of the passive verb (by the brother), but rather the person from whom something is demanded, following the construction 'desiderare a aliquo' (to demand from someone). Thus, it means 'it was never demanded from the brother [by Procula]'.
  3. §22.3.26.prquasi tacite fratri fideicommissum fuisset remissum — The conjunction 'quasi' takes the subjunctive (here the pluperfect 'fuisset remissum') to express a hypothetical or assumed reason ('as if...'). 'remittere' here means 'to remit' or 'to release' a debt.

Cite this passage

Justinian I, The Digest of Justinian §22.3.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.3.26.pr

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