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Justinian I · The Digest of Justinian §16.1.24.pr-16.1.24.3

Restoration of Actions against Original Debtors and Time Limits

Passage 2370 of 9271 · Latin

Summary

This section determines the applicability of the Velleianum senate decree in cases of a woman's delegation and debt intercession, clarifying the immediate restoration of the action against the original debtor and the continuous calculation of time limits for restored temporary actions.

[IDEM libro singulari de intercessionibus feminarum. ] §16.1.24.prDebitrix mulier a creditore delegata pro eo cui delegata est promisit: non utetur exceptione.
[THE SAME, In a Single Book on Intercessions of Women.] A female debtor, delegated by her creditor, has promised on behalf of the person to whom she was delegated: she shall not use the exception.
§16.1.24.1Sed si pecuniam promisit, ne delegetur, intercessisse uidetur.
But if she has promised money in order not to be delegated, she is deemed to have intervened.
§16.1.24.2Si senatus consulti beneficium interuenit, utrum statim cum mulier intercesserit actio in priorem debitorem competit, an si mulier solutum condicat? puto statim, et non exspectandam solutionem.
If the benefit of the senate decree intervenes, does the action against the prior debtor lie immediately when the woman has intervened, or only if the woman claims back what has been paid? I think immediately, and that the payment is not to be awaited.
§16.1.24.3Si pro eo, qui temporali actione teneretur, mulier intercesserit, temporalis actio restituetur, sic tamen, ut ex praecedenti causa continua tempora numerarentur post restitutionem, quamuis statim atque intercessit mulier competierat.
If a woman has intervened on behalf of someone who was bound by a temporary action, the temporary action shall be restored, yet in such a way that, after the restoration, the continuous time is calculated from the preceding cause, although it had become available immediately when the woman intervened.

Notes

  1. 16.1.24.prcui delegata est — The relative pronoun 'cui' is in the dative, referring to the person to whom the woman (mulier) was delegated. In this scenario, since the woman is merely performing her own debt, her promise is not considered an 'intercession' (intercessio) on behalf of another, and therefore she cannot use the exception of the senate decree.
  2. 16.1.24.2solutum condicat — 'solutum' is the neuter substantive of the perfect participle of 'soluere', meaning 'what has been paid', acting as the direct object of 'condicat' (present subjunctive). It contemplates the scenario where the woman, having paid a debt that was invalid under the senate decree, brings an action for recovery of the payment (condictio).
  3. 16.1.24.3continua tempora — Refers to the 'continuous time' in a temporary action (temporalis actio). When the original action is restored due to the invalidity of the woman's intercession, the time limits (tempora) are not reset to start anew, but are calculated by adding together (continua) the time that had already run prior to the intercession.

Cite this passage

Justinian I, The Digest of Justinian §16.1.24.pr-16.1.24.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.24.pr-16.1.24.3

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