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Justinian I · The Digest of Justinian §50.17.110.pr-50.17.110.4

Inclusion of Less in Greater and Rules on Debt and Relief

Passage 9170 of 9271 · Latin

Summary

This fragment presents various legal maxims: the logical rule that the greater includes the less, the requirement of security for a third-party promisor, the ward's inability to legally consent to loss, the interpretation of disjunctive terms, and the principle that legal relief for women should not facilitate malicious prosecution.

[IDEM libro sexto ad edictum. ] §50.17.110.prIn eo, quod plus sit, semper inest et minus.
[THE SAME in the sixth book on the edict.] In that which is greater, the less is always also contained.
§50.17.110.1Nemo alienae rei expromissor idoneus uidetur, nisi si cum satisdatione.
No one is deemed a suitable promisor for another's liability, unless it be with security.
§50.17.110.2Pupillus pati posse non intellegitur.
A ward is not understood to be able to consent to a loss.
§50.17.110.3Ubi uerba coniuncta non sunt, sufficit alterutrum esse factum.
Where words are not conjoined, it is sufficient that either one of them be performed.
§50.17.110.4Mulieribus tunc succurrendum est, cum defendantur, non ut facilius calumnientur.
Women ought to be assisted at the time when they are being defended, not so that they may more easily bring false accusations.

Notes

  1. §50.17.110.prquod plus sit — The verb of the relative clause introduced by "quod" is in the subjunctive mood "sit". This is a subjunctive of characteristic or generic description, expressing a general or hypothetical condition: "whatever is greater".
  2. §50.17.110.2pati posse — Present infinitive of the deponent verb "pati" (to suffer, tolerate, permit). In Roman law, it signifies that a ward (pupillus) is not deemed legally capable of consenting to or tolerating acts that result in their own legal disadvantage or the loss of their rights.
  3. §50.17.110.4non ut facilius calumnientur — A negative purpose clause introduced by "ut" with the negative "non". It specifies the intent and limits of the law, indicating that the legal remedies (succurrendum est) granted to protect women's vulnerability must not be used as a means for them to more easily bring vexatious or malicious litigation (calumniari).

Cite this passage

Justinian I, The Digest of Justinian §50.17.110.pr-50.17.110.4. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.110.pr-50.17.110.4

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