Humanitext Reader

Justinian I · The Digest of Justinian §44.7.41.pr-44.7.41.1

Introduction of Obligations by Law and Concurrence of Actions

Passage 7326 of 9271 · Latin

Summary

Discusses the concurrence of older and new actions when a law introduces a new obligation, and the duty of the judge when two actions arise from the same fact.

[IDEM libro uicesimo secundo ad edictum. ] §44.7.41.prQuotiens lex obligationem introducit, nisi si nominatim cauerit, ut sola ea actione utamur, etiam ueteres eo nomine actiones competere.
[THE SAME, from his twenty-second book on the Edict.] Whenever a law introduces an obligation, unless it has expressly provided that we should use that action alone, older actions also are available on that account.
§44.7.41.1Si ex eodem facto duae competant actiones, postea iudicis potius partes esse, ut quo plus sit in reliqua actione, id actor ferat, si tantundem aut minus, id consequatur.
If two actions are available based on the same fact, thereafter it is rather the duty of the judge to ensure that, if there is more in the remaining action, the plaintiff should obtain that, and if as much or less, he should obtain that.

Notes

  1. §44.7.41.prcompetere — Infinitive in indirect speech (oratio obliqua) within the context of the Digest citation, with ueteres actiones as its subject, reporting Paulus's opinion.
  2. §44.7.41.1iudicis potius partes esse — The plural noun partes with the genitive iudicis forms the idiom meaning 'to be someone's duty or role' (partes alicuius esse). The verb esse is an infinitive in indirect speech.
  3. §44.7.41.1quo plus — The neuter ablative singular relative pronoun quo is used with the comparative plus to express the measure of difference ('by how much more').

Cite this passage

Justinian I, The Digest of Justinian §44.7.41.pr-44.7.41.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.41.pr-44.7.41.1

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