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Justinian I · The Digest of Justinian §17.1.28.pr

Payment by the Mandator and Cession of Actions

Passage 2468 of 9271 · Latin

Summary

The opinion of Papinian is cited, stating that when a debtor's mandator pays, the debtor is not released by operation of law, and therefore the actions against the debtor should be ceded to the mandator.

[ULPIANUS libro quarto decimo ad edictum. ] §17.1.28.prPapinianus libro tertio quaestionum ait mandatorem debitoris soluentem ipso iure reum non liberare (propter mandatum enim suum soluit et suo nomine) ideoque mandatori actiones putat aduersus reum cedi debere.
[ULPIANUS in the fourteenth book on the Edict.] Papinian says in the third book of his Questions that the mandator of a debtor, by paying, does not by operation of law release the debtor (for he pays on account of his own mandate and in his own name), and therefore he thinks that the actions against the debtor ought to be ceded to the mandator.

Notes

  1. §17.1.28.prmandatorem debitoris soluentem — The present participle soluentem agrees with mandatorem, the subject accusative of the A.c.I. construction, expressing time (when paying) or means (by paying). The phrase mandator debitoris refers to the mandator of a debtor, who instructed another to extend credit or pay on behalf of the debtor.
  2. §17.1.28.prreum — Although reus usually means 'defendant', in classical Roman law context it denotes a party to an obligation, especially the principal debtor (debitor) here. It refers back to the debtor mentioned in debitoris.

Cite this passage

Justinian I, The Digest of Justinian §17.1.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.28.pr

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