Defending Debtors through Exceptio Non Numeratae Pecuniae

Abstract

From legal sources it follows that the Romans did not reach a uniformity of language regarding the exception of money not paid. Thus, the expression exceptio non numeratae pecuniae is sometimes formulated in the sense of an action, and that of querela non numeratae pecuniae appears to designate a procedural exception. Justinian's reform was aimed primarily at defending debtors burdened by debts accumulated as a result of money loans which they hadn’t in fact been paid. Also the Emperor increased the application of said exception to other fungible as well as non-fungible things. He then also thought about the interests of creditors by limiting the time within which the exception of money not paid could be raised from five to two years.