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Justinian I · The Digest of Justinian §3.5.6.pr

Judicial Authority in Good Faith and Stipulations

Passage 578 of 9271 · Latin

Summary

Paulus points out that the office of the judge in actions of good faith has the same force as an express agreement made in a stipulation.

[PAULUS libro nono ad edictum. ] §3.5.6.prQuia tantundem in bonae fidei iudiciis officium iudicis ualet, quantum in stipulatione nominatim eius rei facta interrogatio.
[PAULUS, on the Edict, book nine] For the office of the judge in actions of good faith has just as much force as an inquiry specifically made concerning that matter in a stipulation.

Notes

  1. 3.5.6.prtantundem ... ualet, quantum — A comparative structure of "tantundem ... ualet, quantum ... [ualet]", where the verb ualet is omitted in the second clause. It indicates that the legal force of what is agreed upon by an express oral question (interrogatio) in a strict-law stipulation (stipulatio) is equivalent to what a judge can take into account by virtue of his office (officium) in a good faith action (bonae fidei iudicium).
  2. 3.5.6.prnominatim eius rei facta interrogatio — Meaning "an inquiry made specifically concerning that matter." It refers to the express oral question asked between parties to establish specific or collateral obligations (such as interest) in a stipulation (stipulatio).

Cite this passage

Justinian I, The Digest of Justinian §3.5.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.6.pr

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