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Justinian I · The Digest of Justinian §50.17.28.pr

Benefit of Competence for Defendants Sued on a Gift

Passage 9088 of 9271 · Latin

Summary

The rescript of the Divine Pius establishing that those sued on the basis of a donation should only be condemned to the extent of their ability to perform.

[ULPIANUS libro trigensimo sexto ad Sabinum. ] §50.17.28.prDiuus Pius rescripsit eos, qui ex liberalitate conueniuntur, in id quod facere possunt condemnandos.
[ULPIANUS, in his thirty-sixth book on Sabinus.] The Divine Pius issued a rescript that those who are sued on the basis of a donation are to be condemned only to the extent of their ability to pay.

Notes

  1. §50.17.28.prcondemnandos — Part of the accusative with infinitive (AcI) construction functioning as the object of the main verb `rescripsit`, with `esse` omitted. `eos` is its subject accusative. The gerundive (future passive participle) denotes obligation or necessity.
  2. §50.17.28.prin id quod facere possunt — The phrase `in id quod` means 'to the extent that' or 'only so far as'. The verb `facere` here refers to the performance of an obligation, specifically 'to pay' within one's means. This refers to the Roman legal concept of *beneficium competentiae* (benefit of competence).

Cite this passage

Justinian I, The Digest of Justinian §50.17.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.28.pr

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