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Justinian I · The Digest of Justinian §50.16.54.pr

Definition of Conditional Creditors and Scope of Actions

Passage 8868 of 9271 · Latin

Summary

Ulpian defines 'conditional creditors' as including both those who do not yet have an action but will eventually have one, and those who merely hold a hope of having one.

[ULPIANUS libro sexagensimo secundo ad edictum. ] §50.16.54.pr'Condicionales creditores' dicuntur et hi, quibus nondum competit actio, est autem competitura, uel qui spem habent, ut competat.
[ULPIAN on the Edict, book 62.] Those also are called 'conditional creditors' to whom an action does not yet belong, but will belong, or who have a hope that it will belong.

Notes

  1. §50.16.54.prest autem competitura — competitura is the future active participle (feminine singular nominative) of the intransitive verb competere (to belong, to be competent), agreeing with the preceding noun actio as its subject. Combined with est, it forms the future periphrastic conjugation ('is about to belong' or 'will belong'). This construction indicates a definite future occurrence of the right upon the fulfillment of the condition, in contrast with the subsequent clause spem habent, ut competat, which denotes a mere hope.
  2. §50.16.54.prut competat — An ut-clause containing the subjunctive present competat, functioning as an appositive (noun) clause explaining the content of the noun spes ('the hope that [the action] will belong').

Cite this passage

Justinian I, The Digest of Justinian §50.16.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.54.pr

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