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Justinian I · The Digest of Justinian §50.16.6.pr-50.16.6.1

Scope of Name and Thing and Meaning of According to Law

Passage 8820 of 9271 · Latin

Summary

This section states that the terms 'name' and 'thing' apply to all contracts and obligations, and clarifies that the phrase 'according to the laws' must be interpreted to encompass both the spirit and the words of the laws.

[ULPIANUS libro tertio ad edictum. ] §50.16.6.prNominis' et 'rei' appellatio ad omnem contractum et obligationem pertinet.
[Ulpian, in the third book on the Edict.] The term 'name' and 'thing' applies to every contract and obligation.
§50.16.6.1Uerbum 'ex legibus' sic accipiendum est: tam ex legum sententia quam ex uerbis.
The phrase 'according to the laws' is to be understood in this way: as much from the spirit of the laws as from their words.

Notes

  1. §50.16.6.prNominis — The noun `nomen` (genitive `nominis`) here goes beyond the standard meaning of "name" to refer to "debt," "claim," or "entry of account" in a legal sense. Therefore, it is stated to apply to every contract and obligation (`contractum et obligationem`).
  2. §50.16.6.1tam ex legum sententia quam ex uerbis — A correlative construction using `tam ... quam ...` ("as much ... as ..."). It emphasizes that the interpretation of laws must not only adhere to the literal words (`uerba`) but must equally grasp the intention or spirit of the law (`sententia`).

Cite this passage

Justinian I, The Digest of Justinian §50.16.6.pr-50.16.6.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.6.pr-50.16.6.1

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