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Justinian I · The Digest of Justinian §4.8.39.pr-4.8.39.1

Scope of Penalties for Non-compliance and Extended Deadlines

Passage 861 of 9271 · Latin

Summary

Iavolenus explains that the penalty under a submission to arbitration is only incurred for failures regarding payments or services, and that when the arbitrator extends the term, the delay of one party allows the other to claim the penalty.

[IAUOLENUS libro undecimo ex Cassio. ] §4.8.39.prNon ex omnibus causis, ex quibus arbitri paritum sententiae non est, poena ex compromisso committitur, sed ex his dumtaxat, quae ad solutionem pecuniae aut operam praebendam pertinent.
[IAUOLENUS in his eleventh book on Cassius.] The penalty under a submission to arbitration is not incurred on all grounds on which the award of the arbitrator was not complied with, but only on those which relate to the payment of money or the performance of services.
idem.
The same.
contumaciam litigatoris arbiter punire poterit pecuniam eum aduersario dare iubendo: quo in numero haberi non oportet, si testium nomina ex sententia arbitri exhibita non sunt.
The arbitrator will be able to punish the contumacy of a litigant by ordering him to pay money to his opponent; under which head it is not proper to include the case where the names of witnesses are not produced in accordance with the award of the arbitrator.
§4.8.39.1Cum arbiter diem compromissi proferri iussit, cum hoc ei permissum est, alterius mora alteri ad poenam committendam prodest.
When the arbitrator has ordered the date of the submission to arbitration to be extended, provided that this was permitted to him, the delay of one party is of benefit to the other for the purpose of incurring the penalty.

Notes

  1. 4.8.39.prparitum sententiae non est — The perfect passive of the intransitive verb `parere` (to obey) is used impersonally (`paritum est`), governing the dative case `sententiae` (the decision). It translates as 'the decision was not complied with'.
  2. 4.8.39.prpecuniam eum aduersario dare iubendo — The ablative gerund `iubendo` (by ordering) takes an accusative with infinitive construction, where `eum` is the subject accusative and `dare` is the infinitive. It means 'by ordering him to pay money to his opponent'.
  3. 4.8.39.prquo in numero — The relative pronoun `quo` is used adjectivally to modify the noun `numero` (category/number), functioning as `in quo numero`. It refers back to the category of punishable acts of contumacy mentioned in the preceding sentence.
  4. 4.8.39.1ad poenam committendam — The preposition `ad` is used with the accusative of the gerundive `committendam` to express purpose. In combination with the subject `mora` (delay), it means 'the delay benefits the other party for the purpose of making the penalty payable (incurred)'.

Cite this passage

Justinian I, The Digest of Justinian §4.8.39.pr-4.8.39.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.39.pr-4.8.39.1

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