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Justinian I · The Digest of Justinian §50.16.193.pr

Valuation of the Thing versus Party Interest

Passage 9007 of 9271 · Latin

Summary

Ulpianus clarifies that the formulaic legal words 'whatever it appears that the thing is worth' refer to the objective valuation of the thing itself, rather than the subjective interest or damages of the party.

[IDEM libro trigesimo octauo ad edictum. ] §50.16.193.prHaec uerba 'quanti eam rem paret esse' non ad quod interest, sed ad rei aestimationem referuntur.
[THE SAME, in the thirty-eighth book on the Edict.] These words 'whatever it appears that the thing is worth' are referred not to the interest, but to the valuation of the thing.

Notes

  1. §50.16.193.prquanti eam rem paret esse — quanti is a genitive of value. paret is the third-person singular present indicative of the impersonal verb pāreo (it is apparent/evident). eam rem esse is an accusative and infinitive clause serving as the subject of pāret. This phrase originates from formulaic legal language.
  2. §50.16.193.prquod interest — A nominalization consisting of the relative pronoun quod and the impersonal verb interest (it matters/is of importance). In Roman law, this is a technical term representing the plaintiff's 'interest' (including consequential damages and lost profits), as opposed to the mere objective market 'valuation of the thing' (rei aestimatio).

Cite this passage

Justinian I, The Digest of Justinian §50.16.193.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.193.pr

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