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Justinian I · The Digest of Justinian §32.0.26.pr

Liability for Fruits and Damages in Delay of Trust

Passage 4847 of 9271 · Latin

Summary

It stipulates that a person who owes a trust must, after delay, provide not only the fruits but also make good any damage sustained by the beneficiary.

[IDEM libro secundo ad Neratium. ] §32.0.26.prIs qui fideicommissum debet post moram non tantum fructus, sed etiam omne damnum, quo adfectus est fideicommissarius, praestare cogitur.
[THE SAME from the second book on Neratius.] He who owes a trust is compelled, after delay, to make good not only the fruits but also all the loss with which the beneficiary of the trust has been affected.

Notes

  1. §32.0.26.prfructus — Accusative plural of the fourth-declension noun fructus, serving as the direct object of the transitive verb praestare along with omne damnum, coupled by non tantum... sed etiam.
  2. §32.0.26.prquo adfectus est — The relative pronoun quo (ablative singular neuter) refers to the antecedent omne damnum. The ablative of means or cause is used based on the idiom damno aliquem afficere ('to inflict damage on someone', or in the passive, aliquis damno afficitur, 'someone is affected by damage').

Cite this passage

Justinian I, The Digest of Justinian §32.0.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.26.pr

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