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Justinian I · The Digest of Justinian §50.16.117.pr

Absence of Action for More and Meaning of Paying Less

Passage 8931 of 9271 · Latin

Summary

Explains the legal rule that a debtor against whom no action for a larger sum can be brought cannot be deemed to have "paid less".

[IDEM libro nono epistularum. ] §50.16.117.prNon potest uideri 'minus soluisse' is, in quem amplioris summae actio non competit.
[THE SAME, in the ninth book of his Epistles.] He against whom an action for a larger sum does not lie cannot be deemed to have 'paid less'.

Notes

  1. §50.16.117.prminus soluisse — The phrase "to pay less" refers to the state of having insufficiently performed or discharged one's legal obligation.
  2. §50.16.117.pramplioris summae actio non competit — A relative clause modifying the demonstrative pronoun is. The verb competit means that a legal action (actio) "lies" or "is available," with the target of the action indicated by the preposition in + accusative (in quem). The genitive amplioris summae modifies actio, specifying the object of the claim (objective genitive).

Cite this passage

Justinian I, The Digest of Justinian §50.16.117.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.117.pr

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