[PAULUS libro quinto ad Sabinum. ] §50.17.24.prQuatenus cuius intersit, in facto, non in iure consistit.
[PAULUS, in his fifth book on Sabinus.] To what extent anyone's interest is involved consists in fact, not in law.
Justinian I · The Digest of Justinian §50.17.24.pr
Determination of Interest as a Question of Fact Not Law
Summary
Paulus points out that determining to what extent a party's interest is involved is a matter of fact, not a matter of law.
Notes
- §50.17.24.prquatenus cuius intersit — The interrogative adverb quatenus ('to what extent') introduces an indirect question clause serving as the subject of the main verb consistit. Consequently, the verb intersit is in the subjunctive present (from the impersonal interest). The genitive cuius ('of whom') is the standard construction governed by interest.
- §50.17.24.prin facto, non in iure — This reflects the fundamental Roman law distinction between 'matters of fact' (quaestio facti) and 'matters of law' (quaestio iuris). It asserts that assessing the specific extent of a party's interest or damages (interesse) depends on evaluating individual concrete facts rather than abstract legal interpretation.
Cite this passage
Justinian I, The Digest of Justinian §50.17.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.24.pr
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