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Justinian I · The Digest of Justinian §46.7.17.pr

Incurrence of Stipulation in Full for Incomplete Defense

Passage 7827 of 9271 · Latin

Summary

Venuleius discusses that under the clauses for a judged matter, fraud, or an undefended case, the stipulation is incurred in full because a defense not made in full cannot be deemed a defense according to the judgment of an honest man.

[UENULEIUS libro sexto stipulationum. ] §46.7.17.prEx clausula re iudicata, dolo malo, ob rem non defensam in solidum committitur stipulatio: non enim uidebitur defensa res boni uiri arbitratu, quae non in solidum defensa sit.
[VENULEIUS, Stipulations, book 6.] Under the clause concerning a matter judged, fraud, or an undefended case, the stipulation is incurred in full; for a case will not be deemed to have been defended according to the judgment of an honest man, which has not been defended in full.

Notes

  1. §46.7.17.prcommittitur — The verb committere in legal contexts, especially with a stipulatio, means that the condition is fulfilled and the penalty or liability is incurred or established.
  2. §46.7.17.prboni uiri arbitratu — A singular ablative of the noun arbitratus, functioning as an ablative of respect or means showing the standard of judgment: 'according to the judgment of an honest man.'
  3. §46.7.17.prquae non in solidum defensa sit — The antecedent of the relative pronoun quae is res. The subjunctive perfect defensa sit is used in a relative clause of characteristic, indicating a hypothetical or restrictive class ('such as has not been defended in full').

Cite this passage

Justinian I, The Digest of Justinian §46.7.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.7.17.pr

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