- 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-lat1:2.15.17.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-01
It states that if the seller of an inheritance compromises with an ignorant debtor after assigning the actions to the buyer, the debtor must be granted the plea of a compromise against the buyer's claim, and the same rule applies to trust-inheritances.
[PAPINIANUS libro secundo quaestionum.]
[PAPINIANUS in the second book of Questions.]
Uenditor hereditatis emptori mandatis actionibus1 cum debitore hereditario, qui ignorabat uenditam esse hereditatem, transegit: si emptor hereditatis hoc debitum ab eo exigere uelit, exceptio transacti negotii2 debitori propter ignorantiam suam accommodanda est. idem respondendum est et in eo, qui fideicommissam recepit hereditatem, si heres cum ignorante debitore transegit.
The seller of an inheritance, after assigning the actions to the buyer, made a compromise with an inheritance debtor who did not know that the inheritance had been sold: if the buyer of the inheritance wishes to demand this debt from him, the plea of a transaction concluded must be granted to the debtor on account of his ignorance. The same answer must be given also in the case of one who has received a trust-inheritance, if the heir has made a compromise with a debtor who was ignorant of it.
- 2.15.17.prmandatis actionibus
Ablative absolute construction. Together with the dative of beneficiary emptori, it means 'the actions having been assigned (mandated) to the buyer.' This reflects the classical Roman law practice where the assignment of a claim was achieved by granting the assignee a mandate to sue as an agent (mandatum actionis).
- 2.15.17.prexceptio transacti negotii
The plea of a concluded transaction or compromise. To protect a bona fide debtor who has compromised with the original creditor in ignorance of the assignment, this exception (exceptio) is granted to block the claim brought by the new creditor (the buyer) by pleading the compromise.