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Justinian I · The Digest of Justinian §16.2.18.pr-16.2.18.1

Set-off by an agent in rem suam and debts to third parties

Passage 2396 of 9271 · Latin

Summary

It rules on the application of set-off when an agent appointed in his own interest is sued in turn after the joinder of issue, and states that a creditor is not compelled to set off a debt owed to a third party other than his own debtor.

[IDEM libro tertio responsorum. ] §16.2.18.prIn rem suam procurator datus post litis contestationem, si uice mutua conueniatur, aequitate compensationis utetur.
[THE SAME, Responsa, Book III.] A person who, after the joinder of issue, has been appointed an agent in his own interest, if he is sued in turn, shall enjoy the equity of set-off.
§16.2.18.1Creditor compensare non cogitur quod alii quam debitori suo debet, quamuis creditor eius pro eo, qui conuenitur ob debitum proprium, uelit compensare.
A creditor is not compelled to set off what he owes to another than his own debtor, even though that person's creditor wishes to make a set-off on behalf of the one who is sued for his own debt.

Notes

  1. §16.2.18.prIn rem suam procurator datus — Refers to an 'agent in one's own interest' (procurator in rem suam). The prepositional phrase 'in rem suam' adjectivally modifies 'procurator', expressing a transaction that functionally amounts to an assignment of rights, where the agent sues for his own benefit.
  2. §16.2.18.pruice mutua — An ablative phrase consisting of the ablative singular 'uice' (from 'uicis', turn/stead) and the adjective 'mutuus', here used adverbially to mean 'in turn', 'reciprocally', or 'by way of counterclaim'.
  3. §16.2.18.1alii quam debitori suo — 'alii' (to another) is the indirect object in the dative case of the verb 'debet'. The construction 'alius quam...' using the comparative conjunction 'quam' expresses 'someone other than his own debtor' ('debitori suo', also in the dative case in apposition to 'alii').

Cite this passage

Justinian I, The Digest of Justinian §16.2.18.pr-16.2.18.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.2.18.pr-16.2.18.1

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