Humanitext Reader

Justinian I · The Digest of Justinian §4.4.50.pr

Restoration of Remaining Action Period after Rescinding Novation

Passage 752 of 9271 · Latin

Summary

Junius Diophantus inquires how much of the remaining period of a temporary action is restored to a creditor against the original debtor after a minor's intervening novation is rescinded, and Pomponius answers that only the exact remaining period (ten days) is restored, keeping the original pledge bound.

[POMPONIUS libro nono epistularum et uariarum lectionum. ] §4.4.50.prIunius Diophantus Pomponio suo salutem.
[POMPONIUS, in the ninth book of Letters and Various Readings.] Junius Diophantus to his dear Ponponius, greeting.
Minor uiginti quinque annis nouandi animo intercessit pro eo, qui temporali actione tenebatur, tunc cum adhuc supererant decem dies, et postea in integrum restitutus est: utrum restitutio, quae creditori aduersus priorem debitorem datur, decem dierum sit an plenior? ego didici ex tempore in integrum restitutionis tantundem temporis praestandum, quantum supererat: tu quid de eo putas uelim rescribas.
A person under twenty-five years of age, with the intention of novating, intervened for one who was bound by a temporary action, at a time when ten days still remained, and was afterwards restored to his original condition: is the restoration, which is granted to the creditor against the former debtor, for ten days or for a longer period? I have learned that from the time of the restoration to the original condition, just as much time is to be allowed as remained: I would like you to write back what you think about this.
respondit: sine dubio, quod de temporali actione, in qua intercessit minor, sensisti, puto uerius esse: ideoque et pignus, quod dederat prior debitor, manet obligatum.
He replied: "Undoubtedly, I think that what you have thought concerning the temporary action in which the minor intervened is more correct; and therefore, the pledge also, which the former debtor had given, remains bound."

Notes

  1. §4.4.50.prdecem dierum sit — The phrase 'decem dierum' is a genitive of quality, describing the nature or limit of the subject 'restitutio' (i.e., 'be of ten days'). The subjunctive 'sit' is used in the indirect question introduced by 'utrum ... an'.
  2. §4.4.50.prtantundem temporis praestandum — This is an accusative-with-infinitive construction (with 'esse' omitted) functioning as the object of 'didici' (I learned). 'Tantundem' is a neuter accusative singular meaning 'just as much', taking the partitive genitive 'temporis'. 'Praestandum' is the gerundive representing necessity or obligation.
  3. §4.4.50.prquod de temporali actione, in qua intercessit minor, sensisti — The relative clause starting with 'quod' functions as a noun clause, serving as the subject accusative of 'uerius esse' in the indirect statement dependent on 'puto'. 'Sensisti' is the second-person singular perfect of 'sentire' (to hold an opinion, think).

Cite this passage

Justinian I, The Digest of Justinian §4.4.50.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.50.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.