THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXXI ~ |
PARTIAL PAYMENTS OF INTEREST SHALL BE DOUBLED. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The Emperor Justinian to Basil, Governor of Tarsus. |
PREFACE. |
As decurions
are constantly presenting petitions to Us, and We desire to be indulgent
to them, We do not permit, under any circumstances, artifices opposed
to law, and statements inspired by fraud, to have any validity. |
CHAPTER I. |
Eusebius
and Aphthonius, sons of Palladius, and grandsons of Demetrius, informed
Us that Demetrius owed Artemidorus five hundred aurei on account
of a loan on which also interest was agreed to be paid, and that they
wished to profit by an Imperial Pragmatic Sanction recently promulgated,
which prescribed that where double the amount of the debt had been paid,
nothing more could be collected from the debtor under Our laws. They
also alleged that Epimachus and Artemon, successors of the creditor
Artemidorus, declared that Eusebius and Aphthonius had made false statements
in their petition, and that they were unworthy of any indulgence from
Us, on account of double payment of the debt, and that only nine hundred
and forty-nine aurei had been received. The
petitioners answered that Palladius, their father, as well as Demetrius,
their grandfather, and Paulus, had paid eight hundred and sixty-seven
aurei. Artemon and Priscianus, the sons of Artemidorus, who
was the grandfather of Epimachus, and the other Artemon, said in reply
that partial payments should not be added to the principal; that they
could only be considered as interest; that the Governor of the province
had decided that this was the case; and that, for this reason, they
had required of Palladius, for the first note bearing interest and calling
for five hundred aurei, another note of six hundred. The reply
of the petitioners to this was that the indebtedness had been paid at
different times; that Palladius had paid seventy-two aurei,
and Aphonius ten, which, together with the eight hundred and sixty-seven
aurei already paid, made a total of nine hundred and forty-nine:
As the judge who heard the case was not convinced that these partial
payments should be credited on the entire amount of the debt, he had
not admitted their claim, and had ordered them to pay six hundred aurei
as principal. The petitioners asked Us to be released from this requirement,
and to be discharged from liability for the entire indebtedness by paying
fifty-one aurei more, and that the note of six hundred aurei
bearing interest should be returned to them. |
CHAPTER II. |
Therefore, as
Our laws do not require more than double the principal to be paid, the
only difference existing between those previously enacted and this one
is, that while they direct that the payment of interest, when it amounts
to double the principal, shall extinguish the debt, where the said payments
are not partial; We permit payments, even if they are partial, to extinguish
the indebtedness, when they are equal to double the amount of the principal;
and We order that the calculation of interest shall be made in this
way, and that if the petitioners should pay enough to make up the thousand
aurei, they will be entitled to recover the note of six hundred
aurei bearing interest, in order that the debt may not be collected
more than once. |
EPILOGUE. |
Your
Magnificence will see that what it has pleased Us to enact in this Imperial
Pragmatic Sanction is carried into effect, and that the interpretation
given by the decisions which the petitioners have referred to Us, as
well as every fraudulent act which has been, or may subsequently be
committed by only one of the parties, is considered void. Most beloved
brother, may God preserve you for many years. |
Given at Constantinople, on the Kalends of May, during the Consulate of Belisarius. |
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