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Justinian I · The Digest of Justinian §50.17.81.pr

Clauses Clarifying Doubts and the Validity of Common Law

Passage 9141 of 9271 · Latin

Summary

Specifies that provisions inserted into contracts solely for the purpose of clarifying doubts do not affect the validity of common law.

[IDEM libro tertio responsorum. ] §50.17.81.prQuae dubitationis tollendae causa contractibus inseruntur, ius commune non laedunt.
[THE SAME, from his third book of Responses.] Things which are inserted in contracts for the purpose of removing doubt do not prejudice the common law.

Notes

  1. §50.17.81.prQuae — A relative pronoun in the neuter plural nominative, with its antecedent (ea) omitted. The entire relative clause functions as the subject of the main verb laedunt. It refers to 'clauses' or 'provisions' inserted in contracts.
  2. §50.17.81.prdubitationis tollendae causa — A gerundive construction where the gerundive tollendae agrees with the noun dubitationis, and the entire phrase is in the genitive case governed by causa (an ablative meaning 'for the sake of'). It is a typical expression used to express purpose, meaning 'for the purpose of removing doubt.'

Cite this passage

Justinian I, The Digest of Justinian §50.17.81.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.81.pr

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