Justinian I · The Digest of Justinian §4.8.42.pr

Penalty to the Treasury and Non-Compliance with Award

Passage 864 of 9271 · Latin

Summary

It is discussed that while an arbitrator's decision ordering a penalty to be paid to the treasury is invalid, the penalty under the stipulation is nevertheless incurred because the arbitrator's decision was not complied with.

[PAPINIANUS libro secundo responsorum. ] §4.8.42.prArbiter intra certum diem seruos restitui iussit, quibus non restitutis poenae causa fisco secundum formam compromissi condemnauit: ob eam sententiam fisco nihil adquiritur, sed nihilo minus stipulationis poena committitur, quod ab arbitro statuto non sit obtemperatum.

[PAPINIANUS in his second book of Opinions.] An arbitrator ordered slaves to be restored within a certain day, and, as they were not restored, condemned [the party] to pay a penalty to the treasury according to the terms of the submission. By virtue of this decision, nothing is acquired by the treasury; nevertheless, the penalty of the stipulation is incurred, because that which was decided by the arbitrator was not complied with.

Notes

4.8.42.prcondemnauit — The direct object of the verb `condemnare` (to condemn/sentence), representing the party who failed to restore the slaves, is omitted and must be understood from the context.
4.8.42.prab arbitro statuto — `statuto` is the dative singular of the neuter noun `statutum` (decision/order). It is governed by the impersonal passive `obtemperatum... sit` of the intransitive verb `obtemperare` (to comply with, which takes the dative). `ab arbitro` (by the arbitrator) modifies `statuto`.

Cite this passage

Justinian I, The Digest of Justinian §4.8.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.42.pr

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