Humanitext Reader

Justinian I · The Digest of Justinian §13.5.29.pr

Validity of a Promise to Pay by a Delictual Debtor

Passage 2112 of 9271 · Latin

Summary

Explains that a person liable to an action arising from delicts, such as injuries, theft, or robbery, can also become bound by making a promise to pay.

[PAULUS libro uicensimo quarto ad edictum. ] §13.5.29.prQui iniuriarum uel furti uel ui bonorum raptorum tenetur actione, constituendo tenetur.
[PAULUS, from the twenty-fourth book on the Edict.] One who is liable to an action for injuries, or for theft, or for property taken by force, is bound by making a promise to pay.

Notes

  1. §13.5.29.prtenetur actione — The verb teneri (to be bound/held liable) is used here with the ablative of the lawsuit (actione) to mean "to be liable to an action of...". The tenetur at the end of the main clause implies liability under the action on a promise to pay (actio de constituta pecunia).
  2. §13.5.29.prconstituendo — The ablative of the gerund of constituere (to promise to pay), functioning as an ablative of means or cause ("by making a promise to pay").

Cite this passage

Justinian I, The Digest of Justinian §13.5.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.5.29.pr

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