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Justinian I · The Digest of Justinian §34.5.26.pr

Interpretation of Ambiguity against Stipulator

Passage 5290 of 9271 · Latin

Summary

It states the rule of construction that any ambiguity in the terms of a stipulation must be interpreted against the stipulator.

[IDEM libro uicesimo sexto digestorum. ] §34.5.26.prCum quaeritur in stipulatione, quid acti sit, ambiguitas contra stipulatorem est.
[THE SAME, from the twenty-sixth book of the Digests.] When it is asked in a stipulation what was agreed upon, the ambiguity is against the stipulator.

Notes

  1. §34.5.26.prquid acti sit — The word acti (genitive neuter singular of the perfect participle actus) is a partitive genitive qualifying the neuter pronoun quid, literally meaning 'what of that which was done', i.e., 'what was agreed upon'. The verb sit is in the subjunctive because it is the verb of an indirect question acting as the subject of quaeritur.

Cite this passage

Justinian I, The Digest of Justinian §34.5.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.5.26.pr

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