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Justinian I · The Digest of Justinian §4.8.52.pr

Payment Default on Arbitral Order and Penalty Relief

Passage 874 of 9271 · Latin

Summary

It states that if someone ordered by an arbitrator to pay money defaults, they incur the penalty agreed upon in the submission, but are released from it if they subsequently make the payment.

[IDEM libro quarto regularum. ] §4.8.52.prSi qui iussus est ab arbitro ex compromisso soluere pecuniam moram fecerit, poenam ex compromisso debet, sed postea soluendo poena liberatur.
[THE SAME in his fourth book of Rules.] If anyone who has been ordered by an arbitrator under a submission to pay money has made default, he owes the penalty under the submission, but by paying afterwards he is released from the penalty.

Notes

  1. 4.8.52.prqui — This can be interpreted either as the indefinite pronoun quis used after si ("if anyone"), or as the relative pronoun qui with its antecedent omitted ("if he who..."). Here it functions as the subject, meaning "if anyone who...".
  2. 4.8.52.prsoluendo — The ablative singular of the gerund of solvere, expressing means or instrument ("by paying").
  3. 4.8.52.prpoena — Ablative of separation, used in construction with the passive verb liberatur ("is released from").

Cite this passage

Justinian I, The Digest of Justinian §4.8.52.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.52.pr

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