Arbitrary clause


Roman law means arbitrary clause a clause included in the formula, specifically in the part of the condemnatio, which empowers the judge to set the satisfactions due to the claimant, so that, if they are met, the defendant does not serve the sentence. For example, "If the Cornelian fund, which is litigated, turns out to be Aulo Agerio according to the law of the Quirites, and if this fund is not returned to Aulus Agerio according to your discretion, so much money condemns, Judge, to Numerio Negidio in favor of Aulo Agerio, how much is the matter at the time of the sentence, if not, absolve. "

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