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Justinian I · The Digest of Justinian §42.1.61.pr

No Priority for Earlier Creditors in Actions on a Judgment

Passage 6913 of 9271 · Latin

Summary

Clarifies that in an action on a judgment, priority of consideration should not be given to a creditor in whose favor the same defendant was previously condemned.

[IDEM libro quadragensimo quinto digestorum. ] §42.1.61.prIn iudicati actione non prius ratio haberi debet eius, cui prior reus condemnatus fuerit.
[THE SAME, in the forty-fifth book of the Digest.] In an action on a judgment, account ought not to be taken first of him to whom the defendant was previously condemned.

Notes

  1. §42.1.61.prcui prior reus condemnatus fuerit — The antecedent of the relative pronoun in the dative 'cui' is the genitive 'eius' which is governed by 'ratio'. It refers to the creditor in whose favor ('cui') the defendant ('reus') had previously been condemned ('condemnatus fuerit') in an earlier action.

Cite this passage

Justinian I, The Digest of Justinian §42.1.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.61.pr

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