Justinian I · The Digest of Justinian §12.6.24.pr

No Recovery for Promises Made Aware of a Perpetual Defense

Passage 1999 of 9271 · Latin

Summary

It states that a person who could have defended himself with a perpetual exception cannot sue for recovery if he promised something to be released while knowing that the exception would benefit him.

[IDEM libro quadragensimo sexto ad Sabinum. ] §12.6.24.prSi is, qui perpetua exceptione tueri se poterat, cum sciret sibi exceptionem profuturam, promiserit aliquid ut liberaretur, condicere non potest.

[THE SAME, On Sabinus, Book 46.] If he who could defend himself by a perpetual exception, although he knew that the exception would be of benefit to him, promised something in order to be released, he cannot bring an action for recovery.

Notes

12.6.24.prcum sciret sibi exceptionem profuturam — The verb sciret is in the imperfect subjunctive introduced by cum, expressing concession ('although he knew') or the subjective circumstance accompanying the main action ('knowing that...'). The clause sibi exceptionem profuturam is an accusative with infinitive construction with the copula esse omitted, serving as the object of sciret. Here, profuturam is the future active participle of prosum ('to benefit'), in the feminine accusative singular to agree with exceptionem.

Cite this passage

Justinian I, The Digest of Justinian §12.6.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.24.pr

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