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Justinian I · The Digest of Justinian §3.6.3.pr-3.6.3.3

Illicit Agreements on Calumny and Title to Sue

Passage 623 of 9271 · Latin

Summary

This chunk generalizes the liability under the edict for illicit transactions concerning malicious suits, clarifying that anyone receiving a benefit from such actions is liable and defining who holds the right of action and recovery.

[ULPIANUS libro decimo ad edictum. ] §3.6.3.prEt generaliter idem erit, si quid omnino compendii sensit propter hoc, siue ab aduersario siue ab alio quocumque.
[ULPIANUS, on the Edict, book 10] And generally, the same will apply if he has received any benefit at all because of this, whether from his adversary or from anyone else.
§3.6.3.1Si igitur accepit ut negotium faceret siue fecit siue non fecit, et qui accepit ne faceret etsi fecit, tenetur.
Therefore, if anyone has accepted money to bring trouble, whether he did so or did not do so, and he who accepted money not to do so, even if he did so, is liable.
§3.6.3.2Hoc edicto tenetur etiam is qui depectus est: depectus autem dicitur turpiter pactus.
Under this edict, he also is liable who has made an illicit transaction (depectus): now, a person is said to have made an illicit transaction (depectus) who has made a shameful agreement (turpiter pactus).
§3.6.3.3Illud erit notandum, quod qui dedit pecuniam, ut negotium quis pateretur, non habebit ipse repetitionem: turpiter enim fecit: sed ei dabitur petitio, propter quem datum est ut calumnia ei fiat.
The following point must be noted: he who gave money so that someone might suffer trouble will not himself have the right of recovery, for he acted shamefully; but the action will be given to him on whose account the money was given so that a malicious prosecution might be brought against him.
quare si quis et a te pecuniam accepit, ut mihi negotium faceret, et a me, ne mihi faceret, duobus iudiciis mihi tenebitur.
Therefore, if anyone accepted money both from you, in order to bring trouble upon me, and from me, in order not to do so to me, he will be liable to me in two actions.

Notes

  1. §3.6.3.prquid... compendii — The genitive compendii functions as a partitive genitive qualifying the pronoun quid, meaning 'any advantage/benefit at all'.
  2. §3.6.3.1qui accepit ne faceret etsi fecit, tenetur — The main verb is tenetur, whose subject is the relative clause qui accepit... with an omitted antecedent. ne faceret is a purpose clause ('lest he do it / not to do it'), and etsi fecit is a concessive clause ('even if he did so').
  3. §3.6.3.3propter quem datum est ut calumnia ei fiat — datum est is an impersonal passive ('it was given'). propter quem points to the person on whose account (to whose detriment) the money was paid, and this person is referred back to by the pronoun ei in the purpose clause ut calumnia ei fiat ('so that malicious prosecution might be brought against him').

Cite this passage

Justinian I, The Digest of Justinian §3.6.3.pr-3.6.3.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.6.3.pr-3.6.3.3

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