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Justinian I · The Digest of Justinian §12.1.30.pr

Right to Prevent Obligation by Refusing to Receive Loan

Passage 1885 of 9271 · Latin

Summary

It is explained that a person who has promised to borrow money from a future creditor has the power to avoid binding himself by refusing to actually receive the money.

[IDEM libro quinto ad Plautium. ] §12.1.30.prQui pecuniam creditam accepturus spopondit creditori futuro, in potestate habet, ne accipiendo se ei obstringat.
[THE SAME from the fifth book on Plautius.] He who, intending to receive a loan of money, has made a promise to his future creditor, has it in his power not to bind himself to him by receiving it.

Notes

  1. §12.1.30.praccepturus — A future active participle agreeing with the subject relative pronoun qui, expressing intention or purpose ('intending to receive').
  2. §12.1.30.prin potestate habet, ne — The phrase in potestate habere followed by a ne clause (with subjunctive obstringat) forms a construction meaning 'has it in one's power not to do something', indicating the freedom to refuse to bind oneself by actually receiving the loan.

Cite this passage

Justinian I, The Digest of Justinian §12.1.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.30.pr

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