Humanitext Reader

Justinian I · The Digest of Justinian §39.1.12.pr

Security under Notice of New Work and Stipulation Liability

Passage 6110 of 9271 · Latin

Summary

Paulus states that when security is provided based on a notification of new work, the liability under the stipulation is incurred in accordance with the amount awarded in the subsequent judgment.

[IDEM libro tertio decimo ad Sabinum. ] §39.1.12.prEx operis noui nuntiatione si caueatur, tanti stipulatio committitur, quanti iudicatum sit.
[THE SAME, on Sabinus, book thirteen.] If security is given on the basis of a notification of new work, the stipulation is forfeited for as much as has been awarded by the judgment.

Notes

  1. 39.1.12.prstipulatio committitur — A technical legal phrase meaning that the condition of the stipulation is fulfilled, thereby rendering the stipulated obligation (such as the payment of security or penalty) due or forfeited.
  2. 39.1.12.prtanti ... quanti — A correlative construction utilizing the genitives of value, meaning "for as much as has been (or will be) adjudged." The subjunctive perfect *iudicatum sit* in the relative clause designates an indefinite amount to be determined by a future judicial decision.

Cite this passage

Justinian I, The Digest of Justinian §39.1.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.1.12.pr

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