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Justinian I · The Digest of Justinian §2.14.2.pr-2.14.2.1

Agreement by Letter, Messenger, or Tacit Consent

Passage 367 of 9271 · Latin

Summary

Paulus explains that an agreement can be concluded by letters, messengers, or even tacit consent, and provides a specific example where returning a debt instrument implies an agreement not to sue.

[PAULUS libro tertio ad edictum. ] §2.14.2.prLabeo ait conuenire posse uel re: uel per epistulam uel per nuntium inter absentes quoque posse.
[PAUL, On the Edict, book 3] Labeo says that agreement can be made either by act, or also between absent persons either by letter or by messenger.
sed etiam tacite consensu conuenire intellegitur: §2.14.2.1et ideo si debitori meo reddiderim cautionem, uidetur inter nos conuenisse ne peterem, profuturamque ei conuentionis exceptionem placuit.
But it is also understood that agreement is reached tacitly by consent; and therefore, if I return a written acknowledgment of debt to my debtor, it seems that there has been an agreement between us that I would not sue, and it has been decided that the exception of agreement shall benefit him.

Notes

  1. §2.14.2.prconuenire posse — conuenire (to reach an agreement) is used here impersonally, functioning as a complementary infinitive dependent on posse (to be able).
  2. §2.14.2.1ne peterem — A negative subjunctive imperfect, forming a noun clause that specifies the content of the agreement (conuenisse), meaning 'that I would not demand (payment)'.
  3. §2.14.2.1profuturamque ei conuentionis exceptionem placuit — The accusative with infinitive construction (with exceptionem as the subject accusative and profuturam [esse] as the infinitive predicate) serves as the subject of the impersonal verb placuit (it has been decided/approved). conuentionis exceptionem (exception of agreement) refers to the defense based on an informal agreement (exceptio pacti).

Cite this passage

Justinian I, The Digest of Justinian §2.14.2.pr-2.14.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.2.pr-2.14.2.1

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