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Justinian I · The Digest of Justinian §49.14.19.pr

Exemption from Interest on Public Money in In Rem Actions

Passage 8540 of 9271 · Latin

Summary

It establishes that interest does not have to be paid when public money is recovered, on the grounds that the legal action is directed against the thing rather than the person.

[PAPINIANUS libro decimo responsorum. ] §49.14.19.prDenique non esse praestandas usuras, cum pecunia reuocatur, conuenit, quoniam res, non persona conuenitur.
[PAPINIAN, Responses, Book 10.] Finally, it is agreed that interest does not have to be paid when money is recovered, since the thing, not the person, is sued.

Notes

  1. §49.14.19.prconuenit / conuenitur — The verb conuenire is used in two different senses within the same sentence. The opening conuenit is an impersonal verb meaning 'it is agreed / well established,' taking the accusative with infinitive (AcI) clause non esse praestandas usuras as its subject. The closing conuenitur, on the other hand, is the passive voice of the transitive verb conuenire (to sue, to summon), meaning 'is sued / is the target of the action,' with res, non persona as its subject.
  2. §49.14.19.prpraestandas — The gerundive praestandas, combined with the infinitive esse, forms a passive periphrastic conjugation (predicative use), expressing obligation or necessity ('must be paid / ought to be rendered'). In combination with the negative non, it means 'does not have to be paid.'

Cite this passage

Justinian I, The Digest of Justinian §49.14.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.19.pr

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