- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.11.10.pr-2.11.10.2
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-29
Paulus discusses the liability of a promisor who guarantees the appearance of someone already released by lapse of time, the restriction on claiming penalties before the scheduled day when the person dies through fraud, and the non-transmissibility of stipulations for appearance associated with non-inheritable actions such as actions for injuries when either party dies.
[PAULUS libro primo ad Plautium.]
[PAULUS, on Plautius, book 1]
Si eum iudicio sisti promisero, qui iam tempore liberatus1 esse dicebatur, quia iam actione forte non tenebatur: actio in me danda est, ut uel exhibeam eum uel defendam, ut ueritas inquiratur.
If I promise that a person will appear in court who was already said to have been released by lapse of time, because perhaps he was no longer held by the action, an action must be granted against me, so that I may either produce him or defend him, in order that the truth may be investigated.
Homo sisti promissus ante diem dolo promissoris periit: certo iure utimur non ante poenam peti posse, quam dies uenerit:2 tota enim stipulatio in diem collata uidetur.
If a person whose appearance was promised dies before the day through the fraud of the promisor, we observe it as settled law that the penalty cannot be claimed before the day arrives; for the entire stipulation is considered to have been deferred to that day.
Qui iniuriarum acturus est, stipulatus erat ante litem contestatam ut aduersarius suus iudicio sistat: commissa stipulatione3 mortuus est. non competere heredi eius ex stipulatu actionem placuit, quia tales stipulationes propter rem ipsam darentur, iniuriarum autem actio heredi non competit. quamuis enim haec stipulatio iudicio sistendi causa facta ad heredem transeat, tamen in hac causa danda non est: nam et defunctus si uellet omissa iniuriarum actione ex stipulatu agere, non permitteretur ei. idem dicendum esse et si is, cum quo iniuriarum agere uolebam, stipulatione tali commissa decesserit:4 nam non competit mihi aduersus heredem eius ex stipulatu actio, et hoc Iulianus scribit. secundum quod et si fideiussores dati erant, minime dabitur in eos actio mortuo reo. idem Pomponius, si non post longum tempus decesserit: quia si ad iudicium uenisset, litem cum eo contestari actor potuisset.
A person who was about to bring an action for injuries had stipulated before the joinder of issue that his opponent should appear in court; the stipulation having been incurred, he died. It has been held that the action from the stipulation does not belong to his heir, because such stipulations are given on account of the matter itself, but the action for injuries does not belong to an heir. For although this stipulation, made for the purpose of appearing in court, passes to the heir, yet in this case it must not be granted; for even if the deceased, abandoning the action for injuries, had wished to sue under the stipulation, it would not have been permitted to him. The same must be said if the person against whom I wished to bring the action for injuries dies after such a stipulation has been incurred; for the action under the stipulation is not available to me against his heir, and Julian writes this. According to this, even if sureties had been given, an action against them will not be granted at all upon the death of the defendant. Pomponius says the same, provided that he did not die after a long time; because if he had come to court, the plaintiff could have joined issue with him.
- 2.11.10.prtempore liberatus
"tempore" is an ablative (of cause or means) meaning "by lapse of time," referring to being released from liability, such as by prescription or limitation of actions.
- 2.11.10.1non ante poenam peti posse, quam dies uenerit
This is an accusative with infinitive (Aci) clause depending on "certo iure utimur" ("we observe as settled law that..."). The correlative construction "non ante... quam..." expresses a temporal limitation ("not before... than..." or "only when...").
- 2.11.10.2commissa stipulatione
Ablative absolute. In this legal context, "committere" means that the condition of the stipulation (e.g., failure to appear) has been fulfilled, making the penalty exigible. Thus, "the stipulation having been incurred" or "committed."
- 2.11.10.2idem Pomponius, si non post longum tempus decesserit
A verb such as "sentit" or "scribit" is omitted after "idem". The subject of the conditional verb "decesserit" (perfect subjunctive or future perfect) is the principal debtor (the opponent who failed to appear). It means that Pomponius agrees, provided that the debtor did not die after a long lapse of time from the default.