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Justinian I · The Digest of Justinian §5.1.64.pr-5.1.64.1

Assessment of Fraud and the Scope of Judgment Security

Passage 945 of 9271 · Latin

Summary

This text explains that the assessment of fraud is based on the plaintiff's oath in court rather than on interest, and that security given for payment of judgment in a specific lawsuit is not triggered if the action is brought in another lawsuit.

[IDEM libro primo disputationum. ] §5.1.64.prNon ab iudice doli aestimatio ex eo quod interest fit, sed ex eo quod in litem iuratur: denique et praedoni depositi et commodati ob eam causam competere actionem non dubitatur.
[THE SAME, in the First Book of Disputations.] The assessment of fraud is not made by the judge on the basis of what is of interest, but on the basis of what is sworn to in the lawsuit; hence, there is no doubt that even a plunderer has a right of action for deposit and loan for use for this reason.
§5.1.64.1Si quis alio iudicio acturus iudicatum solui satis acceperit, deinde in alio iudicio agat, non committetur stipulatio, quia de alia re cautum uidetur.
If anyone, intending to sue in a certain lawsuit, has received security for the payment of the judgment, and then sues in another lawsuit, the stipulation is not forfeited, because security seems to have been given for a different matter.

Notes

  1. §5.1.64.prex eo quod interest — A noun clause introduced by the conjunction quod, meaning "that which is of interest" or "the financial interest". It refers to the actual loss of the plaintiff objectively assessed by the judge.
  2. §5.1.64.prpraedoni — A dative referring to the unlawful possessor (plunderer), acting as the indirect object of the infinitive competere ("a right of action belongs to...").
  3. §5.1.64.1alio iudicio ... in alio iudicio — The first alio means "in a certain (one) lawsuit", whereas in contrast, the second in alio iudicio means "in another, different lawsuit".
  4. §5.1.64.1committetur stipulatio — A passive form of the legal idiom committi, indicating that the condition of a stipulation is fulfilled, making the penalty or obligation exigible. Here with non, it means "the stipulation is not committed" (no obligation arises).

Cite this passage

Justinian I, The Digest of Justinian §5.1.64.pr-5.1.64.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.64.pr-5.1.64.1

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