Justinian I · The Digest of Justinian §4.8.24.pr

Penalty for Nonperformance after Creditor Ready

Passage 845 of 9271 · Latin

Summary

Paulus explains that if the creditor becomes ready to accept performance after an initial refusal, the debtor will incur the penalty if they still fail to perform.

[PAULUS libro tertio decimo ad edictum. ] §4.8.24.prSed si postea ille paratus sit accipere, non impune me non daturum: non enim ante feceram.

[PAULUS in his thirteenth book on the Edict.] But if afterwards he is ready to accept, it will not be with impunity that I shall fail to give; for I had not performed before.

Notes

§4.8.24.prnon impune me non daturum — An accusative with infinitive construction (me non daturum esse) with the ellipsis of esse, governed by an implied verb of thinking or saying from the preceding context. The adverb impune (with impunity) here refers to being free from the contractual penalty (poena).
§4.8.24.prnon enim ante feceram — The pluperfect feceram (from facio) refers to the fact that the debtor had not completed the performance (payment) on the original date. Although the debtor was temporarily excused from the penalty due to the creditor's refusal to accept, the underlying obligation was not extinguished, and a subsequent failure to perform when the creditor is ready would incur the penalty.

Cite this passage

Justinian I, The Digest of Justinian §4.8.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.24.pr

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