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Justinian I · The Digest of Justinian §13.5.26.pr

Liability on Promise to Pay via Notice of Holding Debt

Passage 2109 of 9271 · Latin

Summary

In a case where a person wrote to a creditor stating that the creditor has with him the money borrowed by another, it is discussed whether this constitutes a valid promise to pay, and it is answered that he is liable under the action on promised money.

[SCAEUOLA libro primo responsorum. ] §13.5.26.prQuidam ad creditorem litteras eiusmodi fecit: 'Decem, quae Lucius Titius ex arca tua mutua acceperat, salua ratione usurarum habes penes me, domine. ' respondit secundum ea quae proponerentur actione de constituta pecunia eum teneri.
[SCAEVOLA, from the first book of Responses.] A certain person wrote a letter to a creditor of this kind: 'The ten, which Lucius Titius had received as a loan from your chest, you have with me, my lord, saving the calculation of interest.' He responded that, according to the facts proposed, he is bound by the action on promised money.

Notes

  1. §13.5.26.prsalua ratione usurarum — Ablative absolute, meaning 'saving the calculation of interest' or 'without prejudice to the calculation of interest.' This reserves the creditor's right to claim the interest accrued, in addition to the acknowledged principal.
  2. §13.5.26.prhabes penes me — Literally, 'you have [them] with me (in my possession).' This expression indicates that the writer acknowledges the debt of a third party (Lucius Titius) and promises to hold/pay it on behalf of the creditor, which is deemed sufficient to constitute a valid informal promise of payment (constitutum). The direct object referring to 'decem' is understood.

Cite this passage

Justinian I, The Digest of Justinian §13.5.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.5.26.pr

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