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Justinian I · The Digest of Justinian §42.1.64.pr

Claim for Interest and Analogous Action After Unjust Appeal

Passage 6916 of 9271 · Latin

Summary

In a case where a person condemned in an action on business management appealed but the appeal was dismissed, the jurist discusses whether an analogous action should be granted to claim interest for the intervening period of delay.

[SCAEUOLA libro uicensimo quinto digestorum. ]
[SCAEVOLA, in the twenty-fifth book of the Digests.] A person condemned in an action on business management appealed, and the matter was prolonged for a long time.
§42.1.64.prNegotiorum gestorum condemnatus appellauit et diu negotium tractum est: quaesitum est appellatione eius iniusta pronuntiata, an, quo tardius iudicatum sit, usurae pecuniae in condemnatum deductae medii temporis debeantur.
Upon his appeal being declared groundless, it was asked whether, because the judgment was delayed, interest for the intervening time on the money specified in the judgment against the condemned person was due.
respondit secundum ea quae proponentur dandam utilem actionem.
He replied that, according to the facts proposed, an analogous action should be granted.

Notes

  1. 42.1.64.prnegotiorum gestorum — A genitive case indicating the cause of the lawsuit (unauthorized agency / management of affairs), modifying the participle condemnatus (condemned).
  2. 42.1.64.prquo tardius iudicatum sit — The relative ablative quo is used with the comparative tardius to express the degree of delay, or the causal relation arising from the delay in rendering the judgment.
  3. 42.1.64.prpecuniae in condemnatum deductae — deductae is a perfect participle modifying pecuniae. The verb deducere here means to bring into or specify the sum in the condemnation, referring to the money adjudged against the defendant.
  4. 42.1.64.prutilem actionem — Refers to actio utilis (an analogous or useful action), which is an action extended by the praetor to situations not covered by the strict civil law, based on the analogy to an existing action.

Cite this passage

Justinian I, The Digest of Justinian §42.1.64.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.64.pr

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