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Justinian I · The Digest of Justinian §42.3.4.pr-42.3.4.1

Liability Limits for Property Acquired After Surrender

Passage 6928 of 9271 · Latin

Summary

On the limitation of liability of a debtor who acquired property after surrendering his goods, and the opinion of Sabinus and Cassius regarding harassment by other creditors.

[IDEM libro quinquagensimo nono ad edictum. ] §42.3.4.prIs qui bonis cessit si quid postea adquisierit, in quantum facere potest conuenitur.
[THE SAME in the fifty-ninth book on the Edict.] If he who has surrendered his goods acquires anything afterwards, he is sued only to the extent of his ability to pay.
§42.3.4.1Sabinus et Cassius putabant eum qui bonis cessit ne quidem ab aliis, quibus debet, posse inquietari.
Sabinus and Cassius thought that he who has surrendered his goods cannot even be harassed by others to whom he is indebted.

Notes

  1. §42.3.4.prin quantum facere potest — An idiomatic expression referring to the 'benefit of competence' (beneficium competentiae). The verb facere is used here in the sense of 'to perform' or 'to pay (debts)'. Thus, it is construed as 'to the extent of his ability to pay'.
  2. §42.3.4.1eum qui bonis cessit ne quidem ab aliis, quibus debet, posse inquietari — An accusative with infinitive (A.C.I.) construction governed by the main verb putabant. The subject accusative is eum (modified by the relative clause qui bonis cessit), and the infinitive is the passive posse inquietari (to be harassed or sued). The phrase ne quidem emphasizes the negation: 'not even by others'.

Cite this passage

Justinian I, The Digest of Justinian §42.3.4.pr-42.3.4.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.3.4.pr-42.3.4.1

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