Humanitext Reader

Justinian I · The Digest of Justinian §49.17.7.pr

Liability of Husbands with a Military Peculium

Passage 8625 of 9271 · Latin

Summary

It is argued that if a husband possesses a military peculium, his liability is limited to the extent of his ability to pay, and that he should be compelled to answer even non-military creditors from that peculium.

[IDEM libro trigensimo tertio ad edictum. ] §49.17.7.prSi castrense peculium maritus habeat, in quantum facere potest condemnabitur, quia etiam non castrensibus creditoribus ex eo peculio magis est eum cogi respondere.
[THE SAME in the thirty-third book on the Edict.] If a husband should have a military peculium, he will be condemned to the extent of his ability to pay, because it is more acceptable that he should be compelled to answer even to non-military creditors from that peculium.

Notes

  1. §49.17.7.prin quantum facere potest — A legal idiom meaning "to the extent of his ability to perform/pay," referring to the limited liability based on the debtor's means (beneficium competentiae). Here, facere specifically refers to the financial or legal fulfillment of an obligation.
  2. §49.17.7.prmagis est eum cogi respondere — magis est means "it is more acceptable" or "it is the prevailing view" and governs the accusative-with-infinitive construction consisting of the accusative eum and the passive infinitive cogi. Furthermore, the passive infinitive cogi (to be compelled) is complemented by the active infinitive respondere (to answer, to discharge an obligation).

Cite this passage

Justinian I, The Digest of Justinian §49.17.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.17.7.pr

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