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Justinian I · The Digest of Justinian §46.7.1.pr

Vesting of Claims and Grace Period in Judgment Security

Passage 7811 of 9271 · Latin

Summary

Explains that in the stipulation for payment of the judgment, the right to demand vests immediately after the judgment, but actual execution is deferred for the duration of the grace period granted to the principal debtor.

[PAULUS libro uicensimo quarto ad edictum. ] §46.7.1.prIn stipulatione iudicatum solui post rem iudicatam statim dies cedit, sed exactio in tempus reo principali indultum differtur.
[PAULUS, On the Edict, Book XXIV] In the stipulation for payment of the judgment, the right vests immediately after the judgment has been rendered, but the execution is deferred until the time granted to the principal debtor.

Notes

  1. §46.7.1.prIn stipulatione iudicatum solui — Refers to the "stipulation that the judgment will be paid (satisfied)." It is a typical formal contract (stipulatio) in Roman law entered into by the defendant (or their sureties) in a lawsuit to guarantee the execution of the future judgment.
  2. §46.7.1.prdies cedit — A technical term in Roman law meaning that a right (such as a debt) legally vests or is established (vesting of a right). This is contrasted with dies venit, which denotes the arrival of the time when the performance can be actually demanded (enforceability), corresponding to the exactio (execution) in this text.
  3. §46.7.1.prtempus reo principali indultum — The perfect participle indultum (from indulgere, "to grant/indulge") is in the neuter accusative singular, modifying tempus (a neuter noun), which is the object of the preposition in. reo principali is in the dative case, indicating the recipient of the action ("granted to the principal debtor").

Cite this passage

Justinian I, The Digest of Justinian §46.7.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.7.1.pr

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