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Justinian I · The Digest of Justinian §42.1.13.pr-42.1.13.1

Valuation of Security and Breach of Duty to Act

Passage 6864 of 9271 · Latin

Summary

Celsus discusses the criteria for estimating the value of security when one stipulates for money from one party and security from another, and states that failing to perform a promise to prevent damage results in monetary condemnation, as is typical for all obligations to perform.

[CELSUS libro sexto digestorum. ] §42.1.13.prSi quis ab alio decem, ab alio satisdari stipulatus est, aestimandum erit, quantum stipulatoris intersit satisdari, idque aut tantundem erit aut minus aut interdum etiam nihil: neque enim uani timoris ulla aestimatio est.
[CELSUS in the sixth book of the Digests.] If anyone has stipulated for ten from one person and for security to be given from another, it must be estimated how much it is in the interest of the stipulator for security to be given, and this will be either the same amount, or less, or sometimes even nothing; for there is no estimation of a groundless fear.
uerum sorte soluta nullum iam pretium aestimationis est, aut quantum ex sorte fuerit solutum, tantundem ex aestimatione decedet.
But if the principal is paid, there is no longer any price of estimation, or whatever amount has been paid out of the principal, the same amount will be deducted from the estimation.
§42.1.13.1Si quis promiserit prohibere se, ut aliquid damnum stipulator patiatur, et faciat ne quod ex ea re damnum ita habeatur, facit quod promisit: si minus, quia non facit quod promisit, in pecuniam numeratam condemnatur, sicut euenit in omnibus faciendi obligationibus.
If anyone has promised that he will prevent the stipulator from suffering any damage, and acts so that no damage is thus incurred from that matter, he performs what he promised; if not, since he does not perform what he promised, he is condemned to a sum of money, as happens in all obligations to perform.

Notes

  1. §42.1.13.prstipulatoris — A genitive case expressing the person concerned, used with the impersonal verb `intersit`. Nouns take the genitive in this construction, whereas personal pronouns would be in the feminine ablative singular (such as `meā` or `tuā`).
  2. §42.1.13.prsatisdari — The passive infinitive of the verb `satisdare` (to give sufficient security). Here it is used substantively to mean "that security be given," functioning as the object of `stipulatus est` in the first clause, and as the logical subject of `intersit` in the second.
  3. §42.1.13.1prohibere se, ut — An infinitive clause functioning as the object of `promiserit`. Although `prohibere` (to prevent) is more commonly followed by `ne` or `quominus`, here it takes an `ut` clause, meaning "to prevent (or ensure against) the stipulator from suffering any damage."

Cite this passage

Justinian I, The Digest of Justinian §42.1.13.pr-42.1.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.13.pr-42.1.13.1

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