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Justinian I · The Digest of Justinian §50.17.144.pr-50.17.144.1

Lawful vs Honorable Acts and the Time of Stipulation

Passage 9204 of 9271 · Latin

Summary

This passage discusses the distinction between what is legally permitted and what is morally honorable, and states that the time of contracting is the standard to be considered in stipulations.

[PAULUS libro sexagensimo secundo ad edictum. ] §50.17.144.prNon omne quod licet honestum est.
[PAULUS, in the sixty-second book on the edict.] Not everything that is permitted is honorable.
§50.17.144.1In stipulationibus id tempus spectatur, quo contrahimus.
In stipulations, that time is considered at which we contract.

Notes

  1. §50.17.144.prNon omne quod licet — A construction of partial negation (non omne), meaning 'not everything that is permitted (quod licet) is...'. 'quod' is a relative pronoun in the neuter nominative singular, modifying the antecedent 'omne'. 'licet' is an impersonal verb meaning 'it is permitted'.
  2. §50.17.144.1quo — The neuter ablative singular of the relative pronoun 'qui'. Its antecedent is 'id tempus', and it functions as an ablative of time, indicating the point in time at which the contract is made within the relative clause.

Cite this passage

Justinian I, The Digest of Justinian §50.17.144.pr-50.17.144.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.144.pr-50.17.144.1

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