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Justinian I · The Digest of Justinian §3.2.7.pr

Settlement in Contract Actions and Exemption from Infamy

Passage 465 of 9271 · Latin

Summary

Paulus explains that in infamous actions arising from contract, unlike cases of condemnation, a person who has settled does not incur infamy, because contract-related settlements are less disgraceful.

[PAULUS libro quinto ad edictum. ] §3.2.7.prIn actionibus, quae ex contractu proficiscuntur, licet famosae sint et damnati notantur, attamen pactus non notatur, merito: quoniam ex his causis non tam turpis est pactio quam ex superioribus.
[PAULUS, in his Fifth Book on the Edict.] In actions which arise from contract, although they are infamous and those condemned are marked, nevertheless, he who has settled is not marked, and rightly so; since a settlement arising from these causes is not as disgraceful as one arising from the previous ones.

Notes

  1. §3.2.7.prlicet famosae sint et damnati notantur — The concessive conjunction licet governs the subjunctive sint, while the following clause et damnati notantur is in the indicative present. This indicative part describes an established fact (that those condemned are indeed marked) within the concessive framework, meaning "although the actions are infamous and [as a fact] those condemned are marked."
  2. §3.2.7.prex superioribus — The ablative plural feminine of the adjective superior, modifying the omitted noun causis. In this context, it refers to the "previous causes" of action discussed in the preceding section (such as theft or other delicts involving greater moral turpitude).

Cite this passage

Justinian I, The Digest of Justinian §3.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.7.pr

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