Justinian I · The Digest of Justinian §12.6.62.pr

Promise by Stipulation of an Undue Fideicommissum

Passage 2038 of 9271 · Latin

Summary

Explains that a fideicommissum, even if not legally due, becomes owed if promised via stipulation by a party who knew it was not due, for the purpose of fulfilling a moral obligation.

[MAECIANUS libro quarto fideicommissorum. ] §12.6.62.prFideicommissum in stipulatione deductum tametsi non debitum fuisset, quia tamen a sciente fidei explendae causa promissum esset, debetur.

[MAECIANUS, in the fourth book on Fideicommissa.] A fideicommissum brought into a stipulation, even if it had not been due, is nevertheless owed, because it was promised by one who had knowledge for the purpose of fulfilling a trust.

Notes

12.6.62.pra sciente — The present participle `sciens` (knowing) is used substantively in the ablative case, meaning "by one who had knowledge (that it was not due)." It refers to knowing the fact implied in `non debitum fuisset`.
12.6.62.prfidei explendae causa — The genitive noun `fidei` agrees with the gerundive `explendae`, accompanied by `causa` to express purpose: "for the purpose of fulfilling a trust (or moral duty)."

Cite this passage

Justinian I, The Digest of Justinian §12.6.62.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.62.pr

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