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Justinian I · The Digest of Justinian §40.12.18.pr-40.12.18.1

Scope of Double Liability and Additions to Price

Passage 6583 of 9271 · Latin

Summary

Ulpian states that the liability is double the amount paid or obligated, and proceeds to examine whether this doubling applies only to the price or also to things added to it.

[ULPIANUS libro quinquagensimo quinto ad edictum. ] §40.12.18.prIn tantum ergo tenetur, quantum dedit uel in quantum obligatus est, scilicet in duplum.
[ULPIAN on the Edict, book fifty-five.] Therefore, he is liable for as much as he gave, or for as much as he became obligated, that is to say, for double.
§40.12.18.1Sed utrum pretium tantum an etiam id quod pretio accessit duplicetur, uideamus.
But let us see whether only the price, or also that which was added to the price, is doubled.
et putem omne omnino, quod propter emptionem uel dedit
And I should think that absolutely everything which he either gave because of the purchase...

Notes

  1. §40.12.18.prIn tantum ergo tenetur — tenetur is a passive verb meaning "is held liable." It is accompanied by the correlative structure in tantum ... quantum (to such an extent ... as), indicating the limit of liability.
  2. §40.12.18.1uideamus — Present subjunctive, first-person plural, expressing hortatory subjunctive ("let us see"). It governs the indirect question clause utrum ... an ... duplicetur.
  3. §40.12.18.1putem — Potential subjunctive ("I should think"), used to soften an assertion. It governs the subsequent clause starting with omne omnino... (as an accusative with infinitive or object), though the remainder of the sentence is left incomplete.

Cite this passage

Justinian I, The Digest of Justinian §40.12.18.pr-40.12.18.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:40.12.18.pr-40.12.18.1

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