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Justinian I · The Digest of Justinian §50.17.168.pr-50.17.168.1

Favorable Interpretation and Intent of the Actor

Passage 9228 of 9271 · Latin

Summary

Paulus states that opportunities providing a more favorable legal response should be seized, and that when an act is obscure, it should be interpreted based on the intention of the individual.

[IDEM libro primo ad Plautium. ] §50.17.168.prRapienda occasio est, quae praebet benignius responsum. §50.17.168.1Quod factum est cum in obscuro sit, ex affectione cuiusque capit interpretationem.
[THE SAME, in the first book on Plautius.]\n\nAn opportunity which offers a more favorable response should be seized.\n\nWhen what has been done is in obscurity, it receives its interpretation from the intention of each individual.

Notes

  1. §50.17.168.prbenignius responsum — The comparative 'benignius' means 'more favorable' or 'more lenient'. It refers to an interpretive principle that leads to a decision (responsum) more favorable or merciful to the disadvantaged party, as opposed to a strict application of the law.
  2. §50.17.168.1Quod factum est — A noun clause introduced by the relative pronoun 'quod', serving as the subject of the main verb 'capit'. It refers to 'what has been done' as a legal act or fact.
  3. §50.17.168.1ex affectione — The noun 'affectio' here means 'intention', 'disposition', or 'subjective attitude' of the actor rather than mere 'emotion'. It expresses the principle that when the nature of an act is ambiguous, it should be interpreted in accordance with the subjective intent of the party.

Cite this passage

Justinian I, The Digest of Justinian §50.17.168.pr-50.17.168.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.168.pr-50.17.168.1

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