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Justinian I · The Digest of Justinian §12.4.4.pr

Condictio after Release upon Failure to Provide a Promisor

Passage 1954 of 9271 · Latin

Summary

This section discusses how, if a debt is formally released under the agreement that the debtor will provide a new promisor (expromissor) but fails to do so, a condictio can be brought against the released debtor.

[IDEM libro trigensimo nono ad edictum. ] §12.4.4.prSi quis accepto tulerit debitori suo, cum conueniret, ut expromissorem daret, nec ille det, potest dici condici posse ei, qui accepto sit liberatus.
[THE SAME, Thirty-Ninth Book on the Edict.] If anyone has entered a formal release (acceptilatio) to his debtor, although it was agreed that the debtor should provide a new promisor (expromissor), and the debtor does not provide one, it can be said that a condictio can be brought against him who has been released by the formal discharge.

Notes

  1. §12.4.4.praccepto tulerit — accepto ferre (or accepto ferre debitori) is a technical legal term in Roman law referring to a formal discharge or release of debt (acceptilatio). By formally entering 'received' in the ledger, the creditor extinguished the debt even without actual payment.
  2. §12.4.4.prcum conueniret — Subjunctive imperfect. This cum clause expresses the underlying agreement or a concessive circumstance ('although it was agreed / while it was agreed') accompanying the main action accepto tulerit.
  3. §12.4.4.prcondici posse ei — condici is the passive infinitive of the transitive verb condicere (to bring a condictio / claim return). ei is the dative case. Since condicere takes the object to be recovered in the accusative and the person from whom it is recovered in the dative (or with ab + ablative), it is used here impersonally: 'a condictio can be brought against him (ei, qui...)'.

Cite this passage

Justinian I, The Digest of Justinian §12.4.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.4.4.pr

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