← Justinian I

The Digest of Justinian

§3.5.42.pr

Payment of Another's Debt Without Mandate and Management Action

This text states that a person who pays someone else's debt without a mandate has an action on business transacted, provided the debtor is released, unless non-payment was in the debtor's interest.

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[LABEO libro sexto posteriorum epitomatorum a IAUOLENO.]

[LABEO, Epitomes of Posterior Works, Book VI, by JAVOLENUS]

§3.5.42.pr

​Cum pecuniam eius nomine solueres, qui tibi nihil mandauerat, negotiorum gestorum actio tibi competit, cum ea solutione debitor a creditore liberatus sit: nisi si quid1 debitoris interfuit2 eam pecuniam non solui.

​When you have paid money on behalf of someone who had given you no mandate, an action on business transacted is available to you, since the debtor has been released from the creditor by that payment; unless it was of some concern to the debtor that that money should not be paid.

Syntax notes2 items
  1. 3.5.42.prquid

    The indefinite pronoun quid (shortened from aliquid after nisi) functions adverbially as 'in some way' or 'to any extent', or as a subject/object-like modifier of interfuit meaning 'some interest'.

  2. 3.5.42.prdebitoris interfuit

    The impersonal verb interest (perfect interfuit) is used here with the genitive debitoris to mean 'it was of concern/interest to the debtor'. It takes the accusative with infinitive clause 'eam pecuniam non solui' as its subject.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.42.pr