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Justinian I · The Digest of Justinian §13.5.10.pr

Promise to One Joint Creditor and Payment to the Other

Passage 2093 of 9271 · Latin

Summary

The text states that the same rule applies if, of two joint creditors, a promise is made to one and payment is later made to the other, because the promisee must be treated as if they had already received payment.

[PAULUS libro uicensimo nono ad edictum. ] §13.5.10.prIdem est et si ex duobus reis stipulandi post alteri constitutum, alteri postea solutum est, quia loco eius, cui iam solutum est, haberi debet is qui constituitur.
[PAULUS, from the twenty-ninth book on the Edict.] The same is true also if, of two joint stipulating creditors, after a promise has been made to one, payment is afterwards made to the other, because he to whom the promise is made must be regarded as being in the place of him to whom payment has already been made.

Notes

  1. §13.5.10.prreis stipulandi — Refers to the parties who stipulate for a performance, i.e., the joint creditors.
  2. §13.5.10.pralteri constitutum — An impersonal passive construction using the neuter perfect participle of constituere (to promise to pay) with an ellipsis of est. It means 'after a promise has been made to one'.
  3. §13.5.10.pris qui constituitur — Although constituere typically takes a dative of the person to whom the promise is made, it is used here in a personal passive construction with the promisee (creditor) as the subject, meaning 'the one to whom the promise is made'.

Cite this passage

Justinian I, The Digest of Justinian §13.5.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.5.10.pr

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