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Justinian I · The Digest of Justinian §50.16.12.pr-50.16.12.1

Creditors from Delicts and Late Payment Equivalent to Less

Passage 8826 of 9271 · Latin

Summary

Ulpian explains that the term 'creditor' includes those whose claims arise from delicts or popular actions (after joinder of issue), and states that late payment is legally equivalent to paying less because of the passage of time.

[ULPIANUS libro sexto ad edictum. ] §50.16.12.prut si cui ex empto uel ex locato uel ex alio ullo debetur.
[ULPIAN, in the sixth book on the Edict.] as, for example, if a debt is owed to someone from a purchase, or from a lease, or from any other cause.
sed et si ex delicto debeatur, mihi uidetur posse creditoris loco accipi.
But even if a debt is owed from a delict, it seems to me that he can be accepted in the place of a creditor.
quod si ex populari causa, ante litis contestationem recte dicetur creditoris loco non esse, postea esse.
However, if it is from a popular action, before the joinder of issue it will be correctly said that he is not in the place of a creditor, but afterwards that he is.
§50.16.12.1Minus soluit, qui tardius soluit: nam et tempore minus soluitur.
He pays less who pays later; for a payment is also reduced by time.

Notes

  1. §50.16.12.prex empto uel ex locato — Both empto and locato are perfect passive participles in the neuter singular ablative used substantively, which combined with the preposition ex denote the legal source or cause of the debt (from purchase, from lease).
  2. §50.16.12.prposse — In the accusative and infinitive construction introduced by mihi uidetur, the subject accusative (eum, referring to the victim of the delict) is omitted. Combined with the passive infinitive accipi, it means 'that he can be accepted in the place of a creditor'.
  3. §50.16.12.1tempore — An ablative of means or respect ('by time' or 'in respect of time'). It explains the legal rule that late payment (tardius) is practically equivalent to paying less (minus) because of the reduction in value caused by the delay over time.

Cite this passage

Justinian I, The Digest of Justinian §50.16.12.pr-50.16.12.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.12.pr-50.16.12.1

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