Justinian I · The Digest of Justinian §46.8.13.pr-46.8.13.1

Damages for Breach of Ratification and Security for Payment

Passage 7844 of 9271 · Latin

Summary

This text defines the scope of recovery (actual loss and lost profits) when a stipulation for ratification is forfeited, and states the necessity of giving security when a legacy is paid to a representative outside of court.

[PAULUS libro septuagensimo sexto ad edictum. ] §46.8.13.prSi commissa est stipulatio ratam rem dominum habiturum, in tantum competit, in quantum mea interfuit, id est quantum mihi abest quantumque lucrari potui.

[PAUL, On the Edict, Book LXXVI] If the stipulation that the principal will hold the matter ratified has been forfeited, it is available to such an extent as was of interest to me, that is, for as much as is missing to me and as much as I could have gained.

§46.8.13.1Si sine iudice procuratori legatum soluatur, caueri debere Pomponius ait.

Pomponius says that if a legacy is paid to a representative without a judge, security ought to be given.

Notes

§46.8.13.prmea interfuit — In the impersonal construction of interest/refert, when the person of interest is represented by a personal pronoun, the ablative feminine singular of the possessive pronoun (mea, tua, sua, etc.) is used instead of the genitive (mei, etc.). Here it means "it was of interest to me" or "it concerned my interest."
§46.8.13.1caueri debere — The word caueri is the present passive infinitive of the intransitive verb caueo (to give security). It is used here impersonally, serving as the predicate of an accusative-and-infinitive construction meaning "that security ought to be given."

Cite this passage

Justinian I, The Digest of Justinian §46.8.13.pr-46.8.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.8.13.pr-46.8.13.1

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