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Justinian I · The Digest of Justinian §42.5.3.pr

Place of Payment Considered as Place of Contract

Passage 6952 of 9271 · Latin

Summary

Explains the criteria for determining where a contract is deemed to have been made, specifying that it is not necessarily the physical place of the transaction but the place where the money is to be paid.

[GAIUS libro uicesimo tertio ad edictum prouinciale. ] §42.5.3.praut ubi quisque contraxerit.
[GAIUS, on the Provincial Edict, book 23] or where each person has contracted.
contractum autem non utique eo loco intellegitur, quo negotium gestum sit, sed quo soluenda est pecunia.
However, a contract is understood to have been made not necessarily in that place where the transaction was carried out, but where the money is to be paid.

Notes

  1. §42.5.3.prcontractum — This can be interpreted either as the nominative singular of the noun contractum (neuter), meaning 'a contract' as the subject of 'intellegitur', or as the participle with 'esse' omitted (contractum [esse]), meaning 'that a contract has been concluded is understood.'
  2. §42.5.3.prnon utique — Expresses a partial negation, meaning 'not necessarily.' It indicates the legal principle that the place of performance takes precedence over the physical place where the transaction occurred.

Cite this passage

Justinian I, The Digest of Justinian §42.5.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.3.pr

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