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Justinian I · The Digest of Justinian §50.17.98.pr

Priority of the Party Earlier in Time in Claims of Gain

Passage 9158 of 9271 · Latin

Summary

It establishes the principle that when both parties claim a ground for acquiring gain, the one whose ground is prior in time must be preferred.

[IDEM libro quarto iuris epitomarum. ] §50.17.98.prQuotiens utriusque causa lucri ratio uertitur, is praeferendus est, cuius in lucrum causa tempore praecedit.
[THE SAME, from his fourth book of Epitomes of Law.] Whenever a comparative consideration of the ground of gain of both parties is involved, that person is to be preferred whose ground for the gain is prior in time.

Notes

  1. §50.17.98.prcausa lucri ratio uertitur — The passive verb uertitur (from uerti, 'to turn upon', 'be involved') takes ratio ('consideration', 'relation', 'calculation') as its subject. The phrase utriusque causa lucri modifies ratio, with causa meaning 'ground' or 'legal title' and lucri being the genitive of lucrum ('gain'). Together, they mean 'whenever the comparative consideration of the ground of gain of both parties is in question'.
  2. §50.17.98.prtempore praecedit — The noun tempore is the ablative of respect/specification of tempus ('time'), modifying the intransitive verb praecedit ('precedes'). It expresses priority in time, meaning 'precedes in terms of time' or 'is prior in time'.

Cite this passage

Justinian I, The Digest of Justinian §50.17.98.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.98.pr

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