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Justinian I · The Digest of Justinian §2.15.15.pr

Aquilian and Penal Stipulations in Compromises

Passage 444 of 9271 · Latin

Summary

The author explains that when an agreement is made, it is advisable to add a penal stipulation in addition to the Aquilian stipulation, so that the penalty can be claimed even if the agreement is rescinded.

[PAULUS libro primo sententiarum. ] §2.15.15.prPacto conuento Aquiliana quidem stipulatio subici solet: sed consultius est huic poenalem quoque stipulationem subiungere, quia rescisso forte pacto poena ex stipulatu peti potest.
[PAULUS in the first book of Opinions.] When an agreement has been made, an Aquilian stipulation is indeed usually added to it; but it is more advisable to add a penal stipulation to this as well, because, if the agreement should happen to be rescinded, the penalty can be claimed on the basis of the stipulation.

Notes

  1. §2.15.15.prPacto conuento — Interpreted as an ablative absolute ('when an agreement has been made') using the ablative form of the noun phrase 'pactum conventum'. Alternatively, it could be construed as a dative depending on the verb 'subici' ('added to an agreement'), but the ablative absolute is preferred as it establishes the general condition for the subsequent clauses more smoothly.
  2. §2.15.15.prhuic — Dative singular of the demonstrative pronoun 'hic'. It can refer either to the immediately preceding 'Aquiliana stipulatio' (feminine, 'to the Aquilian stipulation') or to the initial 'pacto conuento' (neuter, 'to that agreement'). Here, it is interpreted as neuter referring to 'pacto conuento', in the sense that one should add to the agreement not only the Aquilian stipulation but a penal one as well (quoque).

Cite this passage

Justinian I, The Digest of Justinian §2.15.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.15.15.pr

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