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Justinian I · The Digest of Justinian §47.10.19.pr

Demanding Payment from Sureties to Insult Debtor

Passage 8021 of 9271 · Latin

Summary

This section explains that if a creditor demands payment from sureties with the intent to insult the debtor who is ready to pay, the creditor is liable for injury.

[GAIUS libro uicensimo secundo ad edictum prouinciale. ] §47.10.19.prSi creditor meus, cui paratus sum soluere, in iniuriam meam fideiussores meos interpellauerit, iniuriarum tenetur.
[GAIUS in the twenty-second book on the Provincial Edict] If my creditor, to whom I am ready to pay, should, for the purpose of insulting me, demand payment from my sureties, he is liable for injury.

Notes

  1. §47.10.19.prin iniuriam meam — The preposition in combined with the accusative indicates purpose or intent, meaning 'with the intent to insult (or injure) me.' This is because demanding payment from sureties when the principal debtor is ready to pay is deemed an act that unjustifiably damages the debtor's credit and reputation.
  2. §47.10.19.printerpellauerit — The verb interpellare generally means 'to interrupt' or 'to interfere with,' but here it is used as a legal technical term meaning 'to demand payment' or 'to dun (the sureties).'

Cite this passage

Justinian I, The Digest of Justinian §47.10.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.10.19.pr

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