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Justinian I · The Digest of Justinian §46.3.8.pr

Proportional Allocation of Payment among Debts of Equal Standing

Passage 7663 of 9271 · Latin

Summary

Paulus quotes Pomponius' view that if the conditions of both the due dates and the contracts are equal, the payment should be deemed to be allocated proportionally among all the debts.

[PAULUS libro decimo ad Sabinum. ] §46.3.8.prIllud non ineleganter scriptum esse Pomponius ait, si par et dierum et contractuum causa sit, ex omnibus summis pro portione uideri solutum.
[PAULUS libro decimo ad Sabinum.] Pomponius says that it is written not inelegantly that, if the condition both of the dates and of the contracts is equal, payment is deemed to have been made from all the sums in proportion.

Notes

  1. §46.3.8.prnon ineleganter — A litotes (double negation), meaning "not inelegantly," which functions as a strong positive meaning "very elegantly" or "most appropriately."
  2. §46.3.8.prpro portione — Meaning "in proportion" or "proportionally," indicating that when there are multiple debts of equal standing, the paid amount is allocated among them in proportion to their respective sizes.

Cite this passage

Justinian I, The Digest of Justinian §46.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.8.pr

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