Humanitext Reader

Justinian I · The Digest of Justinian §3.6.2.pr

Scope of Benefits and Indirect Receipt Equated to Money

Passage 622 of 9271 · Latin

Summary

Paulus broadens the scope of what is considered "accepting money" for vexatious litigation, including debt release, interest-free loans, and undervalued transactions, while stating that direct acceptance by the principal is not required if they ordered or ratified the receipt.

[PAULUS libro decimo ad edictum. ] §3.6.2.prQuin etiam si quis obligatione liberatus sit, potest uideri cepisse: idemque si gratuita pecunia utenda data sit, aut minoris locata uenditaue res sit.
[PAULUS, on the Edict, book 10] Nay, even if anyone has been released from an obligation, he can be seen to have accepted. And the same applies if money has been given to be used without interest, or if a thing has been leased or sold for less than its value.
nec refert, ipse pecuniam acceperit an alii dari iusserit uel acceptum suo nomine ratum habuerit.
And it makes no difference whether he himself accepted the money, or ordered it to be given to another, or ratified what was accepted in his name.

Notes

  1. §3.6.2.prminoris — Genitive of price or value (genitivus pretii / valoris), meaning "for less" or "at an undervalued price." It refers to cases where a thing was leased (locata) or sold (uendita) below its fair value.
  2. §3.6.2.prutenda — A gerundive agreeing with the noun pecunia, expressing purpose ("to be used"). Thus, gratuita pecunia utenda data sit means "if money has been given to be used without interest (gratis)."
  3. §3.6.2.prratum habuerit — The subjunctive perfect of the legal idiom ratum habere, meaning "to ratify" or "to approve." It refers to the subsequent approval of what was accepted (acceptum) by another person in one's own name (suo nomine).

Cite this passage

Justinian I, The Digest of Justinian §3.6.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.6.2.pr

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