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Justinian I · The Digest of Justinian §44.7.22.pr

Valuation Time for Goods Delivery Contracts with a Guarantor

Passage 7307 of 9271 · Latin

Summary

Explains that when a guarantor is provided for a contract to deliver goods on a certain day, the valuation of the goods must be determined based on the time when the security was accepted.

[AFRICANUS libro tertio quaestionum. ] §44.7.22.prCum quis in diem mercem stipulatus fideiussorem accepit, eius temporis aestimatio spectanda est, quo satis acceperit.
[AFRICANUS, from the third book of Questions.] When anyone has stipulated for goods to be delivered on a certain day and has accepted a guarantor, the valuation of that time must be regarded at which he accepted the security.

Notes

  1. §44.7.22.prin diem — The preposition in with the accusative indicates a future deadline or a specified day for performance. Here, it signifies that the delivery of the goods was set for a future date.
  2. §44.7.22.prsatis acceperit — Satis accipere is a Roman legal term meaning 'to receive sufficient security' (especially personal security such as a guarantor). This phrase generalizes the preceding expression 'fideiussorem accepit' (accepted a guarantor) in legal terms.

Cite this passage

Justinian I, The Digest of Justinian §44.7.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.22.pr

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