Justinian I · The Digest of Justinian §2.14.41.pr

Defense of Pact on Remitting Debt by Partial Payment

Passage 407 of 9271 · Latin

Summary

It explains that if a creditor agrees to discharge the remainder of a debt on condition of partial payment by a certain day, the debtor is entitled to the defense of agreement, even though no action arises from it.

[IDEM libro undecimo responsorum. ] §2.14.41.pr'Intra illum diem debiti partem mihi si solueris, acceptum tibi residuum feram et te liberabo. ' licet actionem non habet, pacti tamen exceptionem competere debitori constitit.

[THE SAME, Opinions, book 11] 'If you pay me part of the debt within that day, I will enter the remainder to your credit and free you.' Although this does not give rise to an action, it is established that the defense of agreement is available to the debtor.

Notes

2.14.41.prlicet actionem non habet — The conjunction `licet` normally takes the subjunctive in classical Latin, but here it is used with the indicative `habet` to form a concessive clause ("although..."). The implied subject of `habet` is `pactum` (the agreement), meaning "although it does not give rise to an action."
2.14.41.prexceptionem competere debitori constitit — The impersonal verb `constitit` ("it is established") takes an accusative and infinitive (AcI) construction (`exceptionem ... competere`) as its subject. The verb `competere` means "to belong to" or "be available to," taking the dative `debitori`.

Cite this passage

Justinian I, The Digest of Justinian §2.14.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.41.pr

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