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Justinian I · The Digest of Justinian §50.17.33.pr

Disadvantage of the Claimant Seeking a Gain

Passage 9093 of 9271 · Latin

Summary

This text states the legal principle that in cases where either the claimant or the defendant is to gain a profit, the position of the claimant is more disadvantageous.

[POMPONIUS libro uicensimo secundo ad Sabinum. ] §50.17.33.prIn eo, quod uel is qui petit uel is a quo petitur lucri facturus est, durior causa est petitoris.
[POMPONIUS, in his twenty-second book on Sabinus.] In a case where either he who demands or he from whom the demand is made is to make a profit, the position of the claimant is the harder.

Notes

  1. §50.17.33.prlucri facturus est — The phrase lucri facere is a legal idiom meaning "to make a profit" or "to gain." Here, the genitive lucri (from lucrum) is combined with facere. The expression facturus est is an active periphrastic conjugation using the future participle, indicating that someone is about to or is destined to make a profit.
  2. §50.17.33.pris a quo petitur — Literally "he from whom it is demanded," referring to the defendant or respondent in a lawsuit. The ablative with preposition a quo indicates the person from whom the claim (represented by the passive verb petitur) is made.

Cite this passage

Justinian I, The Digest of Justinian §50.17.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.33.pr

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