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Justinian I · The Digest of Justinian §16.1.22.pr

Mandated Debt Assumption with Funds and Non-Application of the Decree

Passage 2368 of 9271 · Latin

Summary

Paulus quotes Pomponius, who states that if a woman who received money pays or undertakes a debt under a mandate, the senate decree does not apply because she is deemed to be bound in her own interest.

[PAULUS libro sexto regularum. ] §16.1.22.prSi mulieri dederim pecuniam, ut eam creditori meo soluat uel expromittat, si ea expromiserit, locum non esse senatus consulto Pomponius scribit, quia mandati actione obligata in rem suam uidetur obligari.
[PAULUS, Rules, book 6] If I have given money to a woman so that she may pay it to my creditor or undertake the debt, and if she has undertaken it, Pomponius writes that there is no room for the senate decree, because, being bound by the action on mandate, she is deemed to be bound in her own interest.

Notes

  1. §16.1.22.prexpromiserit — The verb expromittere means to undertake or assume another's debt as one's own (expromissio), thereby discharging the original debtor.
  2. §16.1.22.prmandati actione obligata in rem suam uidetur obligari — Since the woman has already received the money (pecuniam), she is bound by the action on mandate (mandati actio). Fulfilling this duty by undertaking the debt is deemed to be in her own interest (in rem suam) rather than a gratuitous intercession for another, thus excluding her from the protection of the Senatus Consultum Velleianum.

Cite this passage

Justinian I, The Digest of Justinian §16.1.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.22.pr

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