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Justinian I · The Digest of Justinian §50.17.39.pr

Fictional Completion of Acts Delayed by Another

Passage 9099 of 9271 · Latin

Summary

This fragment states the principle of legal fiction that if the performance of an act or fulfillment of a condition is delayed by another, it is accepted as already completed.

[IDEM libro trigensimo secundo ad Sabinum. ] §50.17.39.prIn omnibus causis pro facto accipitur id, in quo per alium morae sit, quo minus fiat.
[THE SAME, in his thirty-second book on Sabinus.] In all cases, that in which there is a delay caused by another, preventing it from being done, is accepted as done.

Notes

  1. §50.17.39.prmorae sit — morae is the dative singular of the noun mora (delay, obstacle), functioning as a dative of purpose or service. Together with sit (present subjunctive), it means "to cause delay" or "to be an obstacle." The subjunctive is used in the relative clause introduced by in quo to express characteristic or condition.
  2. §50.17.39.prquo minus fiat — quo minus (or quominus) is a conjunction introduced by expressions of hindering, preventing, or delaying (here, morae), meaning "lest" or "from doing (something)", and takes the subjunctive. fiat is the third-person singular present subjunctive of the irregular verb fio (to be done, to happen).

Cite this passage

Justinian I, The Digest of Justinian §50.17.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.39.pr

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