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Justinian I · The Digest of Justinian §46.3.6.pr

Substantive Intent Prevailing over the Order of Writing

Passage 7661 of 9271 · Latin

Summary

Points out that the substantive intent of the parties, as determined by law, should be prioritized over the literal order of writing in a document.

[PAULUS libro quarto ad Plautium. ] §46.3.6.prNec enim ordo scripturae spectatur, sed potius ex iure sumitur id quod agi uidetur.
[PAULUS libro quarto ad Plautium.] For the order of writing is not regarded, but rather that which is deemed to be transacted is derived from the law.

Notes

  1. 46.3.6.prid quod agi uidetur — agi is the present passive infinitive of agere, which in a legal context means 'to transact', 'to agree', or 'to intend'. uidetur means 'is deemed' or 'seems'. The phrase refers to 'what is deemed to be transacted (or intended) by the parties', pointing to the substantive intent of the transaction as opposed to the literal order of the text (scriptura).
  2. 46.3.6.prex iure sumitur — Meaning 'is derived from the law' or 'is assumed according to legal principles'. Here, ius refers to objective law or legal rules of interpretation, indicating that the transaction's intent is determined through legal valuation rather than mere subjective intention.

Cite this passage

Justinian I, The Digest of Justinian §46.3.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.6.pr

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