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Justinian I · The Digest of Justinian §17.1.17.pr

Debt Collection After Action Brought and Mandatary Liability

Passage 2457 of 9271 · Latin

Summary

It is stated that if a mandatary is sued for failing to collect a debt and then collects it before judgment is rendered, the mandatary must still be condemned in the action.

[PAULUS libro septimo ad Sabinum. ] §17.1.17.prSi mandauero tibi, ut a Titio decem exigeres, et ante exacta ea mandati tecum egero, si ante rem iudicatam exegeris, condemnandum te esse constat.
[PAULUS in his seventh book on Sabinus.] If I have mandated you to exact ten from Titius, and before those have been exacted I have brought an action on mandate against you, if you have exacted them before judgment, it is clear that you must be condemned.

Notes

  1. §17.1.17.prante exacta ea — A construction where the pronoun ea (neuter plural accusative, referring to decem) and the perfect passive participle exacta (from exigere, "to exact/collect") are governed by the preposition ante. It functions like the "ab urbe condita" construction, meaning "before the exaction of those" or "before those have been exacted."
  2. §17.1.17.prmandati tecum egero — egero is the future perfect first-person singular of agere ("to bring an action"). tecum is cum te ("with/against you"). mandati is the genitive of the type of action (representing actio mandati, "action on mandate"). The phrase means "I have brought an action on mandate against you."
  3. §17.1.17.prcondemnandum te esse — An accusative and infinitive clause serving as the subject of the impersonal verb constat ("it is clear/established"). The gerundive condemnandum (from condemnare, "to condemn/find liable") agrees in gender, number, and case with the subject accusative te (masculine singular), forming a passive periphrastic infinitive expressing necessity ("that you must be condemned").

Cite this passage

Justinian I, The Digest of Justinian §17.1.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.17.pr

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