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Justinian I · The Digest of Justinian §44.3.2.pr

Calculation of the Intercalary Day in Legal Time Limits

Passage 7246 of 9271 · Latin

Summary

Marcellus discusses whether an intercalary day should be counted to extend various legal periods—such as grace periods for judgment debtors, usucapion, limitation of actions, or contractual conditions—and expresses his dissenting opinion.

[MARCELLUS libro sexto digestorum. ] §44.3.2.prIn tempore constituto iudicatis an intercalaris dies proficere iudicato nec ne debeat, quaeritur.
[MARCELLUS, Digest, book six] In the case of the period established for those who have been judged, it is asked whether or not an intercalary day ought to benefit the judgment debtor.
item de tempore, quo lis perit, sic sine dubio existimandum est, ut auctum litis tempus intercalari die existimetur, ueluti si de usucapione sit quaestio, quae tempore constituto expleri solet, aut de actionibus, quae certo tempore finiuntur, ut aediliciae pleraeque actiones.
Likewise, concerning the period within which an action expires, it must be held without doubt that the period of the litigation is deemed to be increased by the intercalary day, as for instance if there is a question about usucapion, which is accustomed to be completed in an established time, or about actions that are limited by a certain time, such as most aedilician actions.
et si quis fundum ea lege uendiderit, ut, nisi in diebus triginta pretium esset solutum, inemptus esset fundus, dies intercalaris proficiet emptori.
And if anyone has sold land on the condition that, unless the price were paid within thirty days, the land should be unbought, the intercalary day will benefit the buyer.
mihi contra uidetur.
To me, the contrary seems to be the case.

Notes

  1. §44.3.2.priudicatis — Dative plural of the perfect passive participle iudicatus (one who has been judged, a judgment debtor) used substantively. It either modifies or depends on "In tempore constituto" (in the established period), indicating the statutory grace period allowed for judgment debtors.
  2. §44.3.2.prmihi contra uidetur — The verb uidetur (it seems) combined with the dative of judgment mihi (to me). It expresses the author Marcellus's own dissenting opinion against the immediately preceding view that the intercalary day benefits the buyer (or more broadly, against the affirmative views listed in the fragment).

Cite this passage

Justinian I, The Digest of Justinian §44.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.3.2.pr

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