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Justinian I · The Digest of Justinian §46.3.74.pr

Attribution of Contractual Penalties to the Creditor

Passage 7729 of 9271 · Latin

Summary

It provides that whatever has been exacted from a debtor as a penalty must accrue to the profit of the creditor.

[MODESTINUS libro tertio regularum. ] §46.3.74.prId, quod poenae nomine a debitore exactum est, lucro debet cedere creditoris.
[MODESTINUS, in his third book of Rules.] That which has been exacted from the debtor under the name of a penalty ought to accrue to the profit of the creditor.

Notes

  1. §46.3.74.prlucro debet cedere — The verb `cedere` is construed with the dative (`lucro`), meaning "to accrue to" or "to go to the benefit of." The genitive `creditoris` modifies `lucro`, meaning "to the profit of the creditor."
  2. §46.3.74.prpoenae nomine — The ablative `nomine` (from `nomen`) with the genitive `poenae` functions as an idiomatic phrase meaning "under the name of" or "by way of" a penalty.

Cite this passage

Justinian I, The Digest of Justinian §46.3.74.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.74.pr

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