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Justinian I · The Digest of Justinian §50.10.2.pr-50.10.2.2

Right to Inscribe Donor Names and Governor Authority

Passage 8775 of 9271 · Latin

Summary

Ulpianus discusses that a voluntary donor to public works is entitled to have his name inscribed on them, that the determination of liabilities among curators, the municipality, and contractors falls to the provincial governor, and that the governor must intervene to protect donors' names to encourage future civic liberality.

[IDEM libro tertio opinionum. ] §50.10.2.prQui liberalitate, non necessitate debiti, reditus suos interim ad opera finienda concessit, munificentiae suae fructum de inscriptione nominis sui operibus, si qua fecerit, capere per inuidiam non prohibetur.
[THE SAME in the third book of Opinions.] A person who, out of liberality and not from the necessity of a debt, has in the meantime granted his revenues for completing works, is not prohibited by malice from reaping the fruit of his generosity by the inscription of his name on the works, if he has constructed any.
§50.10.2.1Curatores operum cum redemptoribus negotium habent, res publica autem cum his, quos efficiendo operi praestituit.
The curators of works have dealings with the contractors, while the municipality has dealings with those whom it has appointed beforehand for completing the work.
quatenus ergo et quis et cui obstrictus est, aestimatio praesidis prouinciae est.
Therefore, the determination of to what extent, who, and to whom one is bound, belongs to the governor of the province.
§50.10.2.2Ne eius nomine, cuius liberalitate opus exstructum est, eraso aliorum nomina inscribantur et propterea reuocentur similes ciuium in patrias liberalitates, praeses prouinciae auctoritatem suam interponat.
Lest, by erasing the name of the person by whose liberality the work was constructed, the names of others should be inscribed, and thereby similar liberalities of citizens toward their native cities be discouraged, the governor of the province should interpose his authority.

Notes

  1. §50.10.2.1res publica autem cum his — The verb phrase negotium habet (the singular equivalent of negotium habent from the preceding clause) is understood to be omitted after cum his.
  2. §50.10.2.1efficiendo operi — The gerundive efficiendo agrees with operi in the dative case of purpose, modifying praestituit to mean "appointed for completing the work."
  3. §50.10.2.2eius nomine ... eraso — This phrase forms an ablative absolute structure with the noun nomine. The genitive pronoun eius, which has no antecedent in the main clause, acts as the antecedent for the relative pronoun cuius immediately following it ("of the person by whose...").
  4. §50.10.2.2patrias — The feminine plural accusative of the adjective patrius (of one's native city/country), modifying liberalitates. It is governed by the preposition in (towards), meaning "towards their native cities."

Cite this passage

Justinian I, The Digest of Justinian §50.10.2.pr-50.10.2.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.10.2.pr-50.10.2.2

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