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Justinian I · The Digest of Justinian §45.1.15.pr

Recalculation of Time for Performance After Fire

Passage 7361 of 9271 · Latin

Summary

This text addresses the question of whether, if a building under construction is destroyed by fire, the full grace period for its completion should be restarted or if only the remaining time should be waited for, concluding that the entire period must be granted anew.

[IDEM libro uicensimo septimo ad Sabinum. ] §45.1.15.pret ideo haesitatur, si aliqua pars insulae facta sit, deinde incendio consumpta sit, an integrum tempus computandum sit rursus ad aedificandam insulam an uero reliquum dumtaxat exspectandum quod deerat.
[THE SAME, in the twenty-seventh book on Sabinus.] And therefore, a doubt arises whether, if some part of the insula has been built and then destroyed by fire, the whole period is to be calculated anew for rebuilding the insula, or whether indeed only the remaining time which was lacking is to be waited for.
et uerius est, ut integrum ei detur.
And it is more correct that the whole period should be granted to him.

Notes

  1. §45.1.15.prhaesitatur — An impersonal passive verb meaning 'there is doubt' or 'it is hesitated', which introduces the alternative indirect question starting with `an ... an ...` as its logical subject.
  2. §45.1.15.pruerius est, ut integrum ei detur — The `ut` clause functions here as the subject of the impersonal expression `uerius est` ('it is more correct'). The dative pronoun `ei` refers contextually to the debtor who has the obligation to build the insula.

Cite this passage

Justinian I, The Digest of Justinian §45.1.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.15.pr

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