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Justinian I · The Digest of Justinian §45.1.114.pr

Damages for Delay in the Delivery of Land

Passage 7461 of 9271 · Latin

Summary

This section defines the measure of damages (interest) that the stipulator can recover when the delivery of an estate on a specified day is delayed due to the fault of the promisor.

[ULPIANUS libro septimo decimo ad Sabinum. ] §45.1.114.prSi fundum certo die praestari stipuler et per promissorem steterit, quo minus ea die praestetur, consecuturum me, quanti mea intersit moram facti non esse.
[ULPIANUS, book seventeen on Sabinus.] If I should stipulate that an estate be delivered on a certain day, and it is due to the promisor that it is not delivered on that day, [it is held] that I will obtain as much as it is of interest to me that delay was not made.

Notes

  1. §45.1.114.prconsecuturum me — This is an accusative with infinitive (A.C.I.) construction using the future infinitive consecuturum [esse]. The governing verb of the main clause (such as scribit or ait, which is common in Digest excerpts) is omitted.
  2. §45.1.114.prper promissorem steterit, quo minus — This is an impersonal idiomatic expression per aliquem stat, quo minus... ('it is due to someone that... not', 'the fault lies with someone that... not'). Here, steterit functions as the verb of the conditional clause in the perfect subjunctive.
  3. §45.1.114.prquanti mea intersit moram facti non esse — quanti is a genitive of value modifying intersit. mea is the possessive pronoun in the ablative (historically genitive) feminine singular customarily used with interest / refert. The accusative with infinitive clause moram facti non esse ('that delay was not made') serves as the subject of intersit.

Cite this passage

Justinian I, The Digest of Justinian §45.1.114.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.114.pr

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