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Justinian I · The Digest of Justinian §50.17.173.pr-50.17.173.3

Protection of Basic Livelihood, Restitution, and Mora

Passage 9233 of 9271 · Latin

Summary

Paulus presents rules on taking the debtor's basic livelihood into account in limited judgments, the implicit inclusion of fruits in legal orders of restoration, the individual liability for delay (mora) among joint debtors, and the bad faith of demanding what one must immediately restore.

[IDEM libro sexto ad Plautium. ] §50.17.173.prIn condemnatione personarum, quae in id quod facere possunt damnantur, non totum quod habent extorquendum est, sed et ipsarum ratio habenda est, ne egeant.
[THE SAME, in the sixth book on Plautius.] In the condemnation of persons who are condemned up to what they are able to perform, not everything they possess is to be extorted, but regard must also be had for them themselves, so that they may not fall into want.
§50.17.173.1Cum uerbum 'restituas' lege inuenitur, etsi non specialiter de fructibus additum est, tamen etiam fructus sunt restituendi.
When the word 'restituas' is found in a law, even if nothing is specifically added concerning fruits, nevertheless the fruits also must be restored.
§50.17.173.2Unicuique sua mora nocet. quod et in duobus reis promittendi obseruatur.
To each person their own delay (mora) is harmful; which is also observed in the case of two joint debtors.
§50.17.173.3Dolo facit, qui petit quod redditurus est.
He acts with malice (dolo) who demands what he is destined to restore.

Notes

  1. §50.17.173.prin id quod facere possunt — A relative clause introduced by quod, meaning "up to what they are able to perform." This refers to the limitation of condemnation to the defendant's ability to pay, known as the "beneficium competentiae" (benefit of competence).
  2. §50.17.173.pripsarum ratio habenda est — The phrase ratio habere with a genitive means "to take into account" or "have regard for." Here, ipsarum is the genitive plural feminine of the intensive pronoun ipse, referring back to the feminine noun personarum (persons).
  3. §50.17.173.2duobus reis promittendi — The plural form of reus promittendi, which denotes a debtor in a verbal contract (stipulatio). Here it refers to "joint promisors" or "co-debtors" who have promised the same performance to the creditor.
  4. §50.17.173.3quod redditurus est — The word redditurus is the active future participle of reddere (to restore), which forms a periphrastic conjugation with est, expressing an obligation or destiny: "what he is bound to restore."

Cite this passage

Justinian I, The Digest of Justinian §50.17.173.pr-50.17.173.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.173.pr-50.17.173.3

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