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Justinian I · The Digest of Justinian §49.1.24.pr-49.1.24.1

Intervening Interest on Unjust Appeals and Adult Prosecution

Passage 8488 of 9271 · Latin

Summary

Scaevola provides responses regarding the liability for intervening interest when an appeal by a representative of a person condemned in good faith is declared unjust, and whether a youth who has reached majority and entered military service must himself prosecute an appeal initiated by his curator.

[SCAEUOLA libro quinto responsorum. ] §49.1.24.prNegotiorum gestor uel tutor uel curator bona fide condemnati appellauerunt et diu negotium tractum est: quaesitum est appellatione eorum iniusta pronuntiata an, quia tardius iudicatum sit, usurae principalis pecuniae medii temporis debeantur.
[SCAEVOLA, On Responses, Book V.] The manager of affairs, or the tutor, or the curator of a person condemned in good faith appealed, and the matter was prolonged for a long time: it was asked, when their appeal had been declared unjust, whether, because judgment was rendered later, the interest on the principal sum for the intervening time was due.
respondit secundum ea quae proponerentur dandam utilem actionem.
He responded that, according to the facts proposed, a beneficial action ought to be granted.
§49.1.24.1Curator iuuenis aduersus tutoris heredes iudicio expertus appellationem interposuit: cum implesset autem uicensimum quintum annum aetatis iuuenis et in militia ageret, exequi appellationem desiit.
The curator of a youth, having litigated in court against the heirs of his tutor, interposed an appeal: but when the youth had completed his twenty-fifth year of age and was engaged in military service, he ceased to prosecute the appeal.
quaero, regressus a militia utrum ipse appellationem explicare deberet an uero curatorem in eam rem conueniri oporteret.
I ask, on his return from military service, whether he himself ought to complete the appeal, or whether the curator ought to be sued in that matter.
respondit ipsum militem litem ad se pertinentem exsequi debere secundum ea quae proponerentur.
He responded that, according to the facts proposed, the soldier himself ought to pursue the lawsuit pertaining to him.

Notes

  1. §49.1.24.prbona fide condemnati — Whether bona fide modifies condemnati (genitive singular of 'the condemned person') or the verb appellauerunt ('they appealed'). It is construed here as modifying condemnati ('of a person condemned in good faith'). In Roman law, the liability for intervening interest when an appeal is declared unjust depends on whether the debtor/condemned party acted in good faith, making it natural to refer to the status of the condemned person.
  2. §49.1.24.1exequi appellationem desiit — The subject of the verb desiit ('ceased'). The subject is the iuuenis ('youth') from the preceding clause. Upon reaching the age of twenty-fifth (majority), the curator's authority ceased, and the youth himself became responsible for prosecuting the appeal, but ceased to do so due to entering military service. This is confirmed by the subsequent question asking whether the soldier himself or the curator should be held responsible, and the response stating that the soldier himself must pursue the case.

Cite this passage

Justinian I, The Digest of Justinian §49.1.24.pr-49.1.24.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.1.24.pr-49.1.24.1

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