← Justinian I

The Digest of Justinian

§2.7.6.pr

Rescuer's Penalty Payment and Non-Release of Debtor

This section dictates that a person who rescues a debtor by force does not release the original debtor even if he pays, as he is merely paying his own penalty.

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[IDEM libro trigensimo quinto ad edictum.]

[THE SAME, in the thirty-fifth book on the Edict.]

§2.7.6.pr

​Is qui debitorem ui exemit, si soluerit,1 reum2 non liberat, quia poenam suam soluit.

​He who has rescued a debtor by force, even if he pays, does not release the debtor; for he pays his own penalty.

Syntax notes2 items
  1. 2.7.6.prsoluerit

    The subject of soluerit (future perfect or perfect subjunctive of solvere, "to pay/release") is Is, the antecedent of the relative clause. Its object is omitted but contextually implies the penalty or amount assessed for the illegal rescue.

  2. 2.7.6.prreum

    The noun reum (accusative of reus) generally means "defendant" or "obligated party" in a lawsuit, but here it specifically refers back to the debitorem (debtor) mentioned at the beginning of the sentence.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.7.6.pr