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Justinian I · The Digest of Justinian §2.14.45.pr

Agreements on Division as Bare Pacts and Denial of Action

Passage 411 of 9271 · Latin

Summary

Hermogenianus explains that an agreement of division cannot serve as the basis for an action as a bare pact unless it is made effective through delivery or stipulation.

[HERMOGENIANUS libro secundo iuris epitomarum. ] §2.14.45.prDiuisionis placitum nisi traditione uel stipulatione sumat effectum, ad actionem, ut nudum pactum, nulli prodesse poterit.
[SCAEUOLA, Responses, book 5] An agreement of division, unless it takes effect by delivery or by stipulation, cannot be of advantage to anyone for an action, as a bare pact.

Notes

  1. §2.14.45.prnudum pactum — Meaning a "bare pact," it refers to a simple agreement that, lacking prescribed legal forms (such as stipulation) or performance (such as delivery), does not of itself give rise to an action (actio).
  2. §2.14.45.prad actionem — Meaning "for an action" or "to bring an action," this phrase modifies the predicate `prodesse poterit` (cannot be of advantage) in the main clause, indicating that the agreement cannot be used as a basis to initiate a lawsuit.

Cite this passage

Justinian I, The Digest of Justinian §2.14.45.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.45.pr

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