Humanitext Reader

Justinian I · The Digest of Justinian §46.3.7.pr

Allocation of Payment to Debts Involving Infamy or Penalties

Passage 7662 of 9271 · Latin

Summary

Ulpian explains the principle that when multiple debts of different natures (such as those involving infamy, based on a judgment, or increasing by denial/penal) coexist and a payment is made, the debt that is more disadvantageous to the debtor is deemed to have been preferentially discharged.

[ULPIANUS libro quadragensimo tertio ad Sabinum. ] §46.3.7.prSi quid ex famosa causa et non famosa debeatur, id solutum uidetur, quod ex famosa causa debetur.
[ULPIANUS libro quadragensimo tertio ad Sabinum.] If anything is owed from a cause involving infamy and a cause not involving infamy, that which is owed from the cause involving infamy is deemed to have been paid.
proinde si quid ex causa iudicati et non iudicati debeatur, id putem solutum, quod ex causa iudicati debetur, et ita Pomponius probat.
Likewise, if anything is owed from a cause based on a judgment and a cause not based on a judgment, I would think that what is owed from the cause based on a judgment is paid, and Pomponius approves of this.
ergo si ex causa quae infitiatione crescit uel poenali debetur, dicendum est id solutum uideri, quod poenae habet liberationem.
Therefore, if it is owed from a cause which increases by denial, or from a penal cause, it must be said that that which brings release from the penalty is deemed to have been paid.

Notes

  1. §46.3.7.prfamosa causa — Refers to a cause of action that brings legal infamy (infamia) upon defeat. In Roman law, failure to fulfill obligations carrying infamy (such as breach of trust in mandate or deposit) resulted in civil disadvantages, and thus such debts are presumed to be discharged with priority over ordinary ones.
  2. §46.3.7.prid putem solutum — The present subjunctive putem of the verb puto indicates a mild expression of the author's opinion or judgment (potential/deliberative subjunctive). It takes the accusative and infinitive clause id solutum [esse] ('that it has been paid') as its object.
  3. §46.3.7.prquae infitiatione crescit — The relative clause quae ... crescit modifies causa. Infitiatio means denial of a debt (unjustified contesting). This refers to causes of action, such as damages under the Lex Aquilia, where the liability of the defendant doubles if they deny the claim and subsequently lose.

Cite this passage

Justinian I, The Digest of Justinian §46.3.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.7.pr

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