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Justinian I · The Digest of Justinian §50.17.104.pr

Priority of Actions Involving Reputation over Money

Passage 9164 of 9271 · Latin

Summary

This section provides that when comparing two actions, one involving a larger sum and the other involving infamy, the case concerning reputation must be preferred; furthermore, when they are balanced, actions that carry infamy must be treated as equal even if the sums are unequal.

[ULPIANUS libro secundo ad edictum. ] §50.17.104.prSi in duabus actionibus alibi summa maior, alibi infamia est, praeponenda est causa existimationis.
[ULPIAN, from his second book on the Edict.] If, in two actions, there is a larger sum involved in one, and infamy in the other, the case concerning reputation should be preferred.
ubi autem aequiperant, famosa iudicia, etsi summam imparem habent, pro paribus accipienda sunt.
However, where they are balanced, actions involving infamy, even if they involve unequal sums, must be accepted as equal.

Notes

  1. §50.17.104.prcausa existimationis — The noun existimationis is the genitive singular of existimatio ('reputation', 'honor', 'good name'), functioning as an objective genitive or a genitive of relation with respect to causa ('case', 'lawsuit'). It means 'the case involving reputation'.
  2. §50.17.104.praequiperant — The third-person plural active present of aequipero ('to equal', 'to match'). Here used intransitively to mean 'they balance each other' or 'they are of equal weight', referring to the two competing elements or actions in question.
  3. §50.17.104.prfamosa iudicia — A Roman legal term referring to actions or judgments (such as those arising from mandate, guardianship, partnership, or delicts like theft and fraud) that entail infamy (infamia, loss of certain civil privileges and reputation) for the defeated party.

Cite this passage

Justinian I, The Digest of Justinian §50.17.104.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.104.pr

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