Humanitext Reader

Justinian I · The Digest of Justinian §3.6.6.pr

Commencement of the One-Year Limit for Wrongful Payments

Passage 626 of 9271 · Latin

Summary

Gaius discusses the starting point of the one-year limitation period for cases where money is paid to prevent or induce a lawsuit, concluding that it should run from the moment the affected party learns of the payment.

[GAIUS libro quarto ad edictum prouinciale. ] §3.6.6.prAnnus autem in personam quidem eius, qui dedit pecuniam ne secum ageretur, ex eo tempore cedit, ex quo dedit, si modo potestas ei fieret experiundi.
[GAIUS, on the Provincial Edict, book 4] The year, however, in the case of the person indeed who paid money so that no action should be brought against him, runs from the time when he paid it, provided only that he has the opportunity of bringing an action.
in illius uero personam, cum quo ut agatur alius pecuniam dedit, dubitari potest, utrum ex die datae pecuniae numerari debeat, an potius ex quo cognouit datam esse: quia qui nescit, is uidetur experiundi potestatem non habere.
But in the case of the person, so that an action might be brought against whom another paid money, it can be doubted whether the year should be counted from the day the money was paid, or rather from when he knew that it had been paid; since he who does not know is deemed not to have the opportunity of bringing an action.
et uerius est ex eo annum numerari, ex quo cognouit.
And it is more correct that the year is counted from when he knew.

Notes

  1. §3.6.6.prcum quo ut agatur — The relative pronoun `quo` (referring to `illius`) combined with the preposition `cum` stands next to the conjunction `ut` introducing a purpose clause: "so that an action might be brought (`agatur`) against whom (`cum quo`)." `agatur` is a passive third-person singular verb used impersonally.
  2. §3.6.6.prex die datae pecuniae — The perfect participle `datae` modifies the noun `pecuniae` in a dominant participle construction (similar to the *ab urbe condita* construction). It is to be understood as "from the day of the payment of the money" (i.e., from the day on which the money was paid), rather than "from the day of the money which has been paid."

Cite this passage

Justinian I, The Digest of Justinian §3.6.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.6.6.pr

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