[IDEM libro quinquagensimo primo ad edictum. ] §50.16.76.pr'Dedisse' intellegendus est etiam is, qui permutauit uel compensauit.
[THE SAME, on the Edict, book 51.] A person who has exchanged or set off is also to be understood to have 'given'.
Justinian I · The Digest of Justinian §50.16.76.pr
Definition of Giving: Inclusion of Exchange and Set-Off
Summary
Regarding the legal definition of 'to have given', it specifies that a person who has made an exchange or a set-off is also understood to have given.
Notes
- §50.16.76.printellegendus est — The gerundive (future passive participle) in the masculine singular nominative, modifying the subject is, expressing obligation or necessity ('ought to be' or 'is to be understood'). The perfect active infinitive dedisse ('to have given') functions as the predicative complement to this construction, meaning 'he is to be understood to have given'.
- §50.16.76.prpermutauit uel compensauit — The indicative perfect active third-person singular of permutare ('to exchange') and compensare ('to set off' or 'to balance'). This indicates that the legal concept of 'giving' (dare) encompasses not only direct transfer or payment but also reciprocal exchange and set-off as alternative methods of transaction.
Cite this passage
Justinian I, The Digest of Justinian §50.16.76.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.76.pr
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