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Justinian I · The Digest of Justinian §14.6.20.pr

Novation in Ignorance after Independence and Plea on Facts

Passage 2259 of 9271 · Latin

Summary

Explains that if a person who borrowed money as a dependent son later becomes independent and, through ignorance of the fact, assumes the debt via novation, they can raise a plea on the facts against a claim based on that stipulation.

[IDEM libro quinto senatus consultorum. ] §14.6.20.prSi is, cui, dum in potestate patris esset, mutua pecunia data fuerat, pater familias factus per ignorantiam facti nouatione facta eam pecuniam expromisit, si petatur ex ea stipulatione, in factum excipiendum erit.
[THE SAME, On the Senate-Consults, Book 5] If a person to whom, while he was under his father's power, a loan of money had been given, having become a father of the family, should, through ignorance of the fact, assume that money by making a novation; if a claim is made under that stipulation, a plea on the facts must be raised.

Notes

  1. §14.6.20.prignorantiam facti — Refers to the lack of awareness regarding the factual circumstances under which the Macedonian Senate-Consult could have been applied to the original loan. This is distinguished from ignorance of law (ignorantia iuris), which is why the relief of a plea (exceptio) is permitted.
  2. §14.6.20.prin factum excipiendum erit — The gerundive excipiendum with erit forms an impersonal passive construction, meaning 'a plea on the facts (exceptio in factum) must/should be raised (by the defendant)'.

Cite this passage

Justinian I, The Digest of Justinian §14.6.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.6.20.pr

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