- 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-lat1:2.14.2.pr-2.14.2.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-10-30
Paulus explains that an agreement can be concluded by letters, messengers, or even tacit consent, and provides a specific example where returning a debt instrument implies an agreement not to sue.
[PAULUS libro tertio ad edictum.]
[PAUL, On the Edict, book 3]
Labeo ait conuenire posse1 uel re: uel per epistulam uel per nuntium inter absentes quoque posse. sed etiam tacite consensu conuenire intellegitur:
Labeo says that agreement can be made either by act, or also between absent persons either by letter or by messenger. But it is also understood that agreement is reached tacitly by consent;
et ideo si debitori meo reddiderim cautionem, uidetur inter nos conuenisse ne peterem,2 profuturamque ei conuentionis exceptionem placuit.3
and therefore, if I return a written acknowledgment of debt to my debtor, it seems that there has been an agreement between us that I would not sue, and it has been decided that the exception of agreement shall benefit him.
- 2.14.2.prconuenire posse
conuenire (to reach an agreement) is used here impersonally, functioning as a complementary infinitive dependent on posse (to be able).
- 2.14.2.1ne peterem
A negative subjunctive imperfect, forming a noun clause that specifies the content of the agreement (conuenisse), meaning 'that I would not demand (payment)'.
- 2.14.2.1profuturamque ei conuentionis exceptionem placuit
The accusative with infinitive construction (with exceptionem as the subject accusative and profuturam [esse] as the infinitive predicate) serves as the subject of the impersonal verb placuit (it has been decided/approved). conuentionis exceptionem (exception of agreement) refers to the defense based on an informal agreement (exceptio pacti).