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The Digest of Justinian

§2.15.1.pr

Distinction Between Compromise and Gratuitous Release

Ulpian defines the fundamental difference between a compromise (transactio), which assumes a doubtful or unresolved dispute, and an agreement (pactum), which gratuitously releases a certain and undisputed right.

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[ULPIANUS libro quinquagensimo ad edictum.]

[ULPIANUS in the fiftieth book on the Edict.]

§2.15.1.pr

​Qui transigit,1 quasi de re dubia et lite incerta neque finita transigit. qui uero paciscitur, donationis causa2 rem certam et indubitatam liberalitate remittit.

​He who makes a compromise does so as if concerning a doubtful matter and an uncertain and unfinished litigation. But he who makes an agreement, for the sake of a gift, releases by way of liberality a certain and undoubted matter.

Syntax notes2 items
  1. 2.15.1.prQui transigit

    A relative clause with the antecedent (is) omitted, serving as the subject of the main verb transigit. It refers to "one who makes a compromise (transactio)" as a legal act, contrasted with "one who makes an agreement (pactum)" (qui paciscitur) in the latter part of the section.

  2. 2.15.1.prdonationis causa

    The ablative of the noun causa modified by the genitive donationis (of a gift), placed postpositively to function as an idiomatic expression meaning "for the sake of a gift" or "by way of donation."

Translated by Gemini 3.5 Flash (published 2026-07-12)
  • en retranslated with Gemini 3.5 Flash on 2026-07-13
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.15.1.pr