- 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-lat1:2.14.17.pr-2.14.17.7
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-30
Various rules by Paulus regarding the effects of agreements. It discusses limits in real contracts, automatic extinction of certain actions, the effect of real and personal agreements on buyers, and the impact of agreements made by third parties.
[PAULUS libro tertio ad edictum.]
[PAULUS, On the Edict, book 3]
Si tibi decem dem et paciscar, ut uiginti mihi debeantur, non nascitur obligatio ultra decem: re enim non potest obligatio contrahi,1 nisi quatenus datum sit.
If I give you ten and agree that twenty should be owed to me, no obligation arises beyond ten; for an obligation cannot be contracted by the delivery of a thing, except in so far as it has been given.
Quaedam actiones per pactum ipso iure tolluntur: ut iniuriarum, item furti.
Certain actions are extinguished by operation of law through an agreement, such as the action for injury, and likewise the action for theft.
De pignore iure honorario nascitur ex pacto actio: tollitur autem per exceptionem, quotiens paciscor ne petam.
Regarding a pledge, an action arises from an agreement under praetorian law; however, it is barred by a plea whenever I agree not to sue.
Si quis paciscatur, ne a se petatur, sed ut ab herede petatur, heredi exceptio non proderit.
If someone agrees that a claim shall not be made against himself, but that it may be made against his heir, the plea will not benefit the heir.
Si pactus sim, ne a me neue a Titio petatur, non proderit Titio, etiamsi heres extiterit, quia ex post facto id confirmari non potest. hoc Iulianus scribit2 in patre, qui pactus erat, ne a se neue a filia peteretur, cum filia patri heres extitisset.
If I have agreed that a claim shall not be made against me nor against Titius, it will not benefit Titius, even if he becomes the heir, because it cannot be validated by a subsequent fact. Julian writes this in the case of a father who had agreed that a claim should not be made against himself nor against his daughter, when the daughter had become the heir to her father.
Pactum conuentum cum uenditore factum si in rem constituatur, secundum plurium sententiam et emptori prodest, et hoc iure nos uti Pomponius scribit: secundum Sabini autem sententiam etiam si in personam3 conceptum est, et in emptorem ualet: qui hoc esse existimat et si per donationem successio facta sit.
If an agreement made with a seller is framed in rem, according to the opinion of the majority it also benefits the buyer, and Pomponius writes that we follow this rule; but according to the opinion of Sabinus, even if it is conceived in personam, it is also valid in favor of the buyer, and he thinks that this is the case even if the succession has occurred through a donation.
Cum possessor alienae hereditatis pactus est, heredi, si euicerit,4 neque nocere neque prodesse plerique putant.
When the possessor of another’s inheritance has made an agreement, most authorities think that it neither prejudices nor benefits the heir, if the latter evicts him.
Filius seruusue si paciscantur, ne a patre dominoue petatur,
If a son or a slave agrees that a claim shall not be made against the father or the master,
- 2.14.17.prre enim non potest obligatio contrahi
Here re means 'by delivery of a thing' and refers to a real contract (obligations contracted by the delivery of a thing). It explains that an obligation cannot be created beyond the amount actually delivered (datum sit) by mere agreement, meaning the obligation only arises to that extent.
- 2.14.17.4Iulianusbscribit
This is a scribal error (lack of space and insertion of an extra letter) and is commonly read and translated as Iulianus scribit ('Julian writes').
- 2.14.17.5in rem ... in personam
A contrast between agreements in rem (real/objective) and in personam (personal/subjective). An agreement in rem focuses on the subject matter or legal situation and thus benefits successors like buyers, whereas an agreement in personam is limited to the specific parties. However, Sabinus held the broader view that even the latter could extend benefits to the buyer.
- 2.14.17.6euicerit
Refers to the true heir recovering (evicting) the inheritance from the possessor by winning a legal action such as an action for petition of inheritance.
Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-22)
- 2026-09-22 AI review — source 1