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The Digest of Justinian

§2.14.45.pr

Agreements on Division as Bare Pacts and Denial of Action

Hermogenianus explains that an agreement of division cannot serve as the basis for an action as a bare pact unless it is made effective through delivery or stipulation.

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[HERMOGENIANUS libro secundo iuris epitomarum.]

[HERMOGENIANUS, Epitomes of Law, book 2]

§2.14.45.pr

​Diuisionis placitum nisi traditione uel stipulatione sumat effectum, ad actionem,1 ut nudum pactum,2 nulli prodesse poterit.

​An agreement of division, unless it takes effect by delivery or by stipulation, cannot be of advantage to anyone for an action, as a bare pact.

Syntax notes2 items
  1. 2.14.45.prad actionem

    Meaning "for an action" or "to bring an action," this phrase modifies the predicate prodesse poterit (cannot be of advantage) in the main clause, indicating that the agreement cannot be used as a basis to initiate a lawsuit.

  2. 2.14.45.prnudum pactum

    Meaning a "bare pact," it refers to a simple agreement that, lacking prescribed legal forms (such as stipulation) or performance (such as delivery), does not of itself give rise to an action (actio).

Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
  • 2026-09-21 AI review — translation 1
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.45.pr