Definition of Statutory Agreements and Their Effect on Actions

Notes

1. §2.14.6.prex pacto actio nascitur uel tollitur — The phrase "an action arises or is barred from a pact" illustrates the dual legal effect of an agreement. Although a bare agreement (pactum nudum) generally does not produce an action (actio) but only a defense (exceptio), a "statutory agreement" (legitima conuentio) confirmed by law has the power to either generate a new action (nascitur) or extinguish an existing one (tollitur).
2. §2.14.6.prquotiens lege uel senatus consulto adiuuatur — The subject of the verb adiuuatur (third-person singular present passive) is not explicitly stated, but it refers back to pacto (or conuentio). It indicates that whenever an agreement is reinforced by an official source of law such as a statute or a senatusconsultum, an action (which does not normally arise from a bare pact) may arise or be barred.