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Justinian I · The Digest of Justinian §50.17.95.pr

Presumption of Solvency for a Defended Person

Passage 9155 of 9271 · Latin

Summary

Ulpian states the general legal principle that a person who is defended in court is presumed to be solvent.

[IDEM libro sexto fideicommissorum. ] §50.17.95.prNemo dubitat soluendo uideri eum qui defenditur.
[THE SAME, from his sixth book on Trusts.] No one doubts that a person who is defended is regarded as solvent.

Notes

  1. §50.17.95.prsoluendo — Dative of the gerund of solvere ('to pay'). Used as a dative of purpose or fitness, forming with esse (or here, uideri) the idiom meaning 'to be solvent' (literally, 'to be for paying').
  2. §50.17.95.prqui defenditur — Literally 'one who is defended'. In Roman law, it refers to a debtor who, rather than defaulting, appears in court either personally or through a representative (defensor) to contest the claim. Such a person is legally presumed to be solvent.

Cite this passage

Justinian I, The Digest of Justinian §50.17.95.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.95.pr

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