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Justinian I · The Digest of Justinian §17.1.15.pr

Mandator Liability for Acts Done Ignorant of Revocation

Passage 2455 of 9271 · Latin

Summary

It is explained that if a mandator revokes a mandate but the mandatee performs the task before learning of the revocation, the mandator remains bound by the mandate to protect the mandatee from loss.

[PAULUS libro secundo ad Sabinum. ] §17.1.15.prSi mandassem tibi, ut fundum emeres, postea scripsissem, ne emeres, tu, antequam scias me uetuisse, emisses, mandati tibi obligatus ero, ne damno adficiatur is qui suscipit mandatum.
[PAULUS in his second book on Sabinus.] If I had mandated you to buy a land, and afterwards I had written to you not to buy it, but you, before you knew that I had forbidden it, had bought it, I shall be bound to you on mandate, so that he who undertakes a mandate may not be affected by loss.

Notes

  1. §17.1.15.prmandati — Genitive singular of the noun mandatum (mandate), modifying the adjective obligatus to mean "bound on/by mandate." It is often understood as an abbreviation of mandati actione (by an action on mandate) with actione omitted.
  2. §17.1.15.prantequam scias — In the antequam clause, the present subjunctive scias is used to express the mandatee's state of knowledge at the time of the main clause's condition (the pluperfect subjunctive emisses), framed either as a generalization or an anticipation from a present perspective.

Cite this passage

Justinian I, The Digest of Justinian §17.1.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.15.pr

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