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Justinian I · The Digest of Justinian §50.7.4.pr

Lawsuits against Envoys and Agreed Repayment Terms

Passage 8740 of 9271 · Latin

Summary

It establishes the criterion that when considering whether a lawsuit can be brought against someone on an embassy, the key factor is not where the debt was contracted but whether it was agreed that payment should be made during the embassy.

[AFRICANUS libro tertio quaestionum. ] §50.7.4.prCum quaeritur, an in eum, qui in legatione sit, actio dari debeat, non tam interest, ubi quis aut crediderit aut dari stipulatus sit, quam illud, an id actum sit, ut legationis tempore solueretur.
[AFRICANUS, from the third book of Questions.] When the question arises whether an action ought to be granted against one who is on an embassy, it is not of so much importance where a person either gave credit or stipulated for performance, as it is whether it was agreed that payment should be made during the period of the embassy.

Notes

  1. §50.7.4.practio dari debeat — The infinitive phrase 'actio dari' (an action to be granted) is dependent on the impersonal passive verb 'debeat'. 'Actio dare' refers to the praetor granting the right to bring a lawsuit.
  2. §50.7.4.prnon tam interest... quam — A comparative construction with the impersonal verb 'interest' (it matters/is of importance). Two indirect question clauses, 'ubi quis...' (where someone...) and 'an id actum sit...' (whether it was agreed...), are compared, emphasizing the greater importance of the latter.
  3. §50.7.4.prid actum sit, ut — 'actum sit' is the perfect subjunctive passive of 'agere' (to act, to agree). It is accompanied by an appositive 'ut' clause introducing the substance of the agreement: 'that it should be paid...'.

Cite this passage

Justinian I, The Digest of Justinian §50.7.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.7.4.pr

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