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Justinian I · The Digest of Justinian §10.4.18.pr

Action to Produce Contract Documents from a Third Party

Passage 1744 of 9271 · Latin

Summary

This section states that even after the debt is paid and the pledges are released, the creditor can still bring an action to have the contract documents produced by a third party other than the debtor.

[IDEM libro sexto opinionum. ] §10.4.18.prSolutione chirographo inani facto et pignoribus liberatis nihilo minus creditor, ut instrumenta ad eum contractum pertinentia ab alio quam debitore exhibeantur, agere potest.
[THE SAME, from the sixth book of Opinions.] Even when, by payment, the written acknowledgment of debt has been rendered void and the pledges have been released, the creditor can nevertheless bring an action to have the documents pertaining to that contract produced by someone other than the debtor.

Notes

  1. §10.4.18.prSolutione chirographo inani facto et pignoribus liberatis — The ablative of cause/means 'solutione' (by payment) is combined with two ablative absolutes, 'chirographo inani facto' (the written acknowledgment of debt having been made void) and 'pignoribus liberatis' (the pledges having been released), together forming a concessive condition in coordination with 'nihilo minus' (nevertheless).
  2. §10.4.18.prut ... exhibeantur — An 'ut' clause indicating the purpose or the specific demand of 'agere' (to bring an action), taking the third-person plural present subjunctive passive 'exhibeantur' (should be produced). The subject is 'instrumenta ad eum contractum pertinentia' (the documents pertaining to that contract).

Cite this passage

Justinian I, The Digest of Justinian §10.4.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.4.18.pr

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