Humanitext Reader

Justinian I · The Digest of Justinian §17.1.37.pr

Valuation Time of Property Paid by a Surety in Mandate

Passage 2477 of 9271 · Latin

Summary

Explains that in an action on mandate, the valuation of a specific slave paid by a surety is based on the time of payment rather than the time of the action, and contrasts this with the rule for stipulations.

[AFRICANUS libro octauo quaestionum. ] §17.1.37.prHominem certum pro te dari fideiussi et solui: cum mandati agatur, aestimatio eius ad id potius tempus, quo solutus sit, non quo agatur, referri debet, et ideo etiamsi mortuus fuerit, nihilo minus utilis ea actio est.
[AFRICANUS, Questions, Book VIII.] I became surety for you that a certain slave should be given, and I paid [him]. When an action on mandate is brought, the valuation of the slave must be referred to the time when he was paid, rather than when the action is brought; and therefore, even if he has died, that action is nonetheless effective.
aliter in stipulatione seruatur: nam tunc id tempus spectatur quo agitur, nisi forte aut per promissorem steterit, quo minus sua die solueret, aut per creditorem, quo minus acciperet: etenim neutri eorum frustratio sua prodesse debet.
It is observed otherwise in a stipulation; for in that case, the time when the action is brought is regarded, unless by chance it was due to the promisor that he did not pay on his day, or due to the creditor that he did not accept; for indeed, to neither of them ought their own delay to be of advantage.

Notes

  1. §17.1.37.prHominem certum — The term 'homo' in legal texts often refers to a 'slave'. Here it denotes a specific slave who is the object of the obligation.
  2. §17.1.37.prcum mandati agatur — The subjunctive 'agatur' is used impersonally or with the omitted 'actio' (action) as its subject, combined with the genitive 'mandati' to mean 'when an action on mandate is brought'.
  3. §17.1.37.prper promissorem steterit, quo minus — The expression 'stare per aliquem, quo minus' followed by the subjunctive is an idiom meaning 'it is due to someone that... not'. Here it refers to the default of the promisor (debtor) or the creditor.

Cite this passage

Justinian I, The Digest of Justinian §17.1.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.37.pr

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