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Justinian I · The Digest of Justinian §45.1.60.pr

Valuation of Goods Based on Earliest Arrival Time

Passage 7407 of 9271 · Latin

Summary

Clarifies that when delivery of olive oil is agreed to be at Capua, its valuation is based on the price at the earliest time it was possible to arrive at that destination.

[ULPIANUS libro uicensimo ad edictum. ] §45.1.60.prIdem erit et si Capuae certum olei pondo dari quis stipulatus sit: nam eius temporis fit aestimatio, cum peti potest: peti autem potest, quo primum in locum perueniri potuit.
[ULPIAN, on the Edict, book 20] The same will hold even if someone has stipulated for a certain weight of olive oil to be delivered at Capua; for the valuation is made as of that time when it can be demanded; and it can be demanded at the time when it was first possible to arrive at that place.

Notes

  1. §45.1.60.prCapuae — Locative singular of the first-declension noun Capua, indicating the place of performance ("at Capua").
  2. §45.1.60.prperueniri potuit — An impersonal passive construction combining the impersonal passive infinitive of the intransitive verb peruenire (perueniri) with potuit (third-person singular perfect of possum), meaning "it was possible [for the creditor] to arrive [at that place]."

Cite this passage

Justinian I, The Digest of Justinian §45.1.60.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.60.pr

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