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Justinian I · The Digest of Justinian §17.1.43.pr

Mandatary's Duty to Cede Actions in Term Loans

Passage 2483 of 9271 · Latin

Summary

A mandatory who has executed a mandate to lend money with a term must be sued under the mandate to transfer his rights of action to the mandator, preserving the agreed-upon extension of time for the debtor.

[IDEM libro uicesimo tertio ad edictum. ] §17.1.43.prQui mandatum suscepit, ut pecunias in diem collocaret, isque hoc fecerit, mandati conueniendus est, ut cum dilatione temporis actionibus cedat.
[THE SAME, On the Edict, Book XXIII.] One who has undertaken a mandate to invest money for a set term, and has done so, must be sued under the mandate to cede his actions along with the extension of time.

Notes

  1. §17.1.43.prin diem — Meaning "for a set term" or "with a future date of repayment." It indicates lending or investing money not for immediate recall, but with a specified future maturity date.
  2. §17.1.43.practionibus cedat — Refers to the mandatory "ceding" (cedere) or transferring the rights of action (actiones) acquired against the third-party debtor to the mandator. Although the mandatory must transfer all rights acquired, because the loan was for a set term, this transfer is subject to the debtor's extension of time (cum dilatione temporis).

Cite this passage

Justinian I, The Digest of Justinian §17.1.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.43.pr

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