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Justinian I · The Digest of Justinian §16.1.30.pr-16.1.30.1

Intercession in Bad Faith and Exceptions for Agents

Passage 2376 of 9271 · Latin

Summary

This fragment provides that a woman who interposes with intent to deceive or knowing she is not bound is denied the exception of the senatusconsult, and that an agent interposing on her mandate is granted the exception to prevent the loss of the action.

[IDEM libro secundo sententiarum. ] §16.1.30.prSi decipiendi animo uel cum sciret se non teneri mulier pro aliquo intercesserit, exceptio ei senatus consulti non datur: actionem enim, quae in dolum mulieris competit, amplissimus ordo non excludit.
[THE SAME, Sentences, Book II.] If a woman has interposed for someone with the intention of deceiving, or when she knew that she was not bound, the exception of the senatusconsult is not given to her; for the most ample order does not exclude the action which lies against the fraud of a woman.
§16.1.30.1Procurator si mandatu mulieris pro alio intercesserit, exceptione senatus consulti Uelleiani adiuuatur, ne alias actio intercidat.
If an agent, by the mandate of a woman, has interposed for another, he is assisted by the exception of the Senatus Consultum Velleianum, lest otherwise the action should fail.

Notes

  1. 16.1.30.pramplissimus ordo — A metonymic honorific designation for the Senate (senatus), originating from its status as "the most ample/prestigious order" in Roman society, representing here the enacting body of the senatus consultum.
  2. 16.1.30.1ne alias actio intercidat — A negative purpose clause (ne + present subjunctive intercidat). The adverb alias means "otherwise" (i.e., if the exception were not granted to the agent). If the agent were not protected by the exception, he would pay the creditor and then sue the woman under the contract of mandate, which would circumvent her protection. This clause expresses the purpose of preventing the failure of the legal action or the circumvention of the system of remedies.

Cite this passage

Justinian I, The Digest of Justinian §16.1.30.pr-16.1.30.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.30.pr-16.1.30.1

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