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Justinian I · The Digest of Justinian §46.7.9.pr

Certainty of Amount in the Judgment Security Stipulation

Passage 7819 of 9271 · Latin

Summary

Ulpian explains that the stipulation for payment of the judgment has a determined amount, as its liability is incurred to the exact extent of the judge's decree.

[ULPIANUS libro quarto decimo ad edictum. ] §46.7.9.prIudicatum solui stipulatio expeditam habet quantitatem: in tantum enim committitur, in quantum iudex pronuntiauerit.
[ULPIANUS, on the Edict, book 14.] The stipulation for the payment of the judgment has a determined amount; for it is forfeited in so far as the judge has pronounced.

Notes

  1. §46.7.9.prIudicatum solui — Originally meaning 'that the judgment is to be paid (satisfied)', this passive infinitive phrase functions adjectivally to modify stipulatio. It refers to the security stipulation (stipulatio iudicatum solvi) which the defendant in Roman civil procedure had to provide to guarantee the fulfillment of the eventual judgment.
  2. §46.7.9.prcommittitur — A legal technical term meaning that the stipulation (stipulatio) is 'forfeited', 'activated', or 'the obligation is incurred' upon the fulfillment of its condition. Here, it refers to the liability under the stipulation for payment of the judgment being realized and determined by the judge's decree.

Cite this passage

Justinian I, The Digest of Justinian §46.7.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.7.9.pr

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