[PAULUS libro tertio decimo ad edictum. ] §4.8.22.prutique nisi eius interfuerit tunc solui.
[PAULUS in his thirteenth book on the Edict.] at any rate unless it was of importance to him that performance be made then.
Justinian I · The Digest of Justinian §4.8.22.pr
Delayed Compliance with Arbitral Order and Penalty
Summary
This section provides an exception regarding delayed performance of an arbitrator's order, stating that the late performance does not release the party from penalty if timely performance was of essential interest to the creditor.
Notes
- 4.8.22.prutique nisi eius interfuerit tunc solui — A qualifying clause continuing from the end of the previous fragment (D. 4.8.21.12). The impersonal verb interfuerit (from interest) takes the genitive of the person concerned (eius) and the passive infinitive tunc solui ("to be paid/performed then [i.e., without delay]") as its subject. The phrase utique nisi introduces a restrictive exception: "at any rate unless...".
Cite this passage
Justinian I, The Digest of Justinian §4.8.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.22.pr
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