- 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-lat1:2.11.5.pr-2.11.5.2
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-29
This passage regulates the effects of joint creditors' or joint debtors' actions on promises to appear in court and penalties, as well as the application of exceptions when actions are brought against a father or a son.
[PAULUS libro sexagensimo nono ad edictum.]
[PAULUS, in the sixty-ninth book on the Edict.]
Si duo rei stipulandi1 sint et uni debitor iudicio se sisti cum poena promiserit, alter autem impedierit: ita demum exceptio aduersus alterum2 danda est, si socii sint: ne prosit ei3 dolus propter societatem.
If there are two joint creditors, and the debtor has promised one of them, under penalty, to present himself in court, but the other has prevented him: an exception is to be granted against the other only if they are partners, lest his fraud benefit him because of the partnership.
Item si duo rei promittendi sint et unus ad iudicium non uenerit contempta sua promissione iudicio sistendi causa facta, actor autem ab altero4 rem petat, ab altero poenam desertionis: petendo poenam exceptione summouebitur.
Likewise, if there are two joint debtors, and one did not appear in court, in disregard of his promise made for the purpose of presenting himself in court, and the plaintiff seeks the main thing from one, and the penalty for default from the other: in seeking the penalty, he will be barred by an exception.
Aeque si a patre facta fuerit promissio iudicio sistendi gratia ex filii contractu, deinde de re actor egerit cum filio, exceptione summouebitur, si cum patre ex eius promissione agat. et contra idem erit,5 si filius promiserit et actor egerit cum patre de peculio.
Equally, if a promise to present [the son] in court was made by a father on account of a contract of his son, and then the plaintiff has sued the son concerning the main matter, he will be barred by an exception if he sues the father on his promise. And conversely, the same will apply if the son made the promise and the plaintiff has sued the father concerning the peculium.
- 2.11.5.prrei stipulandi
duo rei stipulandi refers to 'two joint creditors' in Roman law. As a rule, unless a partnership (societas) exists, a promise made to one creditor is unaffected by the actions of the other.
- 2.11.5.pralterum
alterum in exceptio aduersus alterum refers to the other creditor who did not prevent the appearance (i.e., the one who received the promise, uni).
- 2.11.5.prne prosit ei
The demonstrative pronoun ei refers to the creditor who prevented the appearance (alter). If a partnership exists, any penalty recovered by the non-preventing creditor would also benefit the preventing creditor through the partnership, which is blocked by granting the exception.
- 2.11.5.1ab altero... ab altero
The two instances of altero appearing in the same context refer to different joint debtors, indicating a situation of 'seeking the main performance from one, and the penalty for default from the other'.
- 2.11.5.2idem erit
This means that in the converse scenario, the plaintiff will also be barred by an exception (exceptione summouebitur). After the plaintiff sues the father concerning the peculium (actio de peculio), he cannot bring an action based on the promise against the son who made the promise.