Humanitext Reader

Justinian I · The Digest of Justinian §50.17.114.pr

Interpretation of Ambiguous Matters Based on Probability and Custom

Passage 9174 of 9271 · Latin

Summary

This section states the principle that in cases of obscure provisions, preference should be given to what is more probable or what commonly occurs.

[PAULUS libro nono ad edictum. ] §50.17.114.prIn obscuris inspici solere, quod uerisimilius est aut quod plerumque fieri solet.
[PAULUS in the ninth book on the edict.] In obscure matters, it is customary that what is more probable, or what is usually accustomed to be done, is regarded.

Notes

  1. §50.17.114.prinspici solere — The usage of the infinitive phrase indicates that this is excerpted as a general rule from a juristic commentary. The subject of the passive infinitive `inspici` consists of the two noun clauses introduced by `quod` (what is more probable, and what is usually accustomed to be done).
  2. §50.17.114.prIn obscuris — Substantive use of the neuter plural ablative of the adjective `obscurus` ('obscure', 'unclear'), referring to obscure expressions or ambiguous matters in laws, contracts, or testaments.

Cite this passage

Justinian I, The Digest of Justinian §50.17.114.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.114.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.