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Justinian I · The Digest of Justinian §24.3.54.pr

Deduction of Debts in the Benefit of Competence

Passage 3646 of 9271 · Latin

Summary

The text defines the difference in whether debts are deducted when calculating the benefit of competence for a sued husband, partner, patron, or parent, compared to a sued donor.

[PAULUS libro singulari de iure singulari. ] §24.3.54.prMaritus facere posse creditur nullo deducto aere alieno, item socius, item patronus parensue: at is, qui ex donatione conuenietur, omni aere alieno deducto facere posse intellegitur.
[PAULUS, On Singular Law, in one book.] The husband is deemed to be able to pay without any deduction of debt; likewise a partner, likewise a patron or a parent. But he who is sued on account of a donation is understood to be able to pay only after all debt has been deducted.

Notes

  1. §24.3.54.prfacere posse — Literally 'to be able to do,' in this legal context—specifically regarding the benefit of competence (beneficium competentiae)—it means 'to be able to pay' or 'to be able to perform' to the extent of one's means. It forms a 'nominative with infinitive' (nominativus cum infinitivo) construction as the complement of the passive verbs creditur and intellegitur.
  2. §24.3.54.prnullo deducto aere alieno — An ablative absolute construction consisting of nullo and aere alieno deducto. The term aes alienum (literally 'another's copper') means 'debt.' It stands in contrast with omni aere alieno deducto at the end of the section, indicating that for husbands and the others, their ability to pay is assessed without deducting debts, whereas for donors, it is assessed only after all debts are deducted.

Cite this passage

Justinian I, The Digest of Justinian §24.3.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.54.pr

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