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Justinian I · The Digest of Justinian §27.8.9.pr

Claims for Principal and Interest Against Magistrates

Passage 4059 of 9271 · Latin

Summary

Addressing whether interest can be claimed alongside the principal in an action against magistrates, this text notes a rescript of Severus and Antoninus confirming that interest is indeed claimable, just as in actions against tutors.

[IDEM libro quarto pandectarum. ] §27.8.9.prAn in magistratus actione data cum usuris sors exigi debeat, an uero usurae peti non possint, quoniam constitutum est poenarum usuras peti non posse, quaesitum est.
[THE SAME, in the fourth book of the Pandects.] The question was raised whether, in an action granted against magistrates, the principal ought to be exacted with interest, or whether indeed interest cannot be claimed, since it has been established that interest on penalties cannot be claimed.
et rescriptum est a diuis Seuero et Antonino et usuras peti posse, quoniam eadem in magistratibus actio datur, quae competit in tutores.
And it was replied by rescript by the divine Severus and Antoninus that interest also can be claimed, since the same action is granted against magistrates as lies against tutors.

Notes

  1. §27.8.9.prpoenarum usuras — Here, poenarum (genitive plural of poena, "penalty/punishment") refers to interest arising from penal obligations or penal actions (actiones poenales). In Roman law, it was established as a general rule that interest could not be claimed on penalties or sanction-based liabilities.
  2. §27.8.9.pret usuras peti posse — The word et here is not a simple coordinating conjunction ("and"), but functions adverbially as "also" (= etiam) in contrast with sors (the principal) mentioned in the preceding clause.

Cite this passage

Justinian I, The Digest of Justinian §27.8.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.8.9.pr

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