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Justinian I · The Digest of Justinian §2.15.17.pr

Compromise with Good-Faith Debtor After Sale of Estate

Passage 446 of 9271 · Latin

Summary

It states that if the seller of an inheritance compromises with an ignorant debtor after assigning the actions to the buyer, the debtor must be granted the plea of a compromise against the buyer's claim, and the same rule applies to trust-inheritances.

[PAPINIANUS libro secundo quaestionum. ] §2.15.17.prUenditor hereditatis emptori mandatis actionibus cum debitore hereditario, qui ignorabat uenditam esse hereditatem, transegit: si emptor hereditatis hoc debitum ab eo exigere uelit, exceptio transacti negotii debitori propter ignorantiam suam accommodanda est.
[PAPINIANUS in the second book of Questions.] The seller of an inheritance, after assigning the actions to the buyer, made a compromise with an inheritance debtor who did not know that the inheritance had been sold: if the buyer of the inheritance wishes to demand this debt from him, the plea of a transaction concluded must be granted to the debtor on account of his ignorance.
idem respondendum est et in eo, qui fideicommissam recepit hereditatem, si heres cum ignorante debitore transegit.
The same answer must be given also in the case of one who has received a trust-inheritance, if the heir has made a compromise with a debtor who was ignorant of it.

Notes

  1. §2.15.17.prmandatis actionibus — Ablative absolute construction. Together with the dative of beneficiary `emptori`, it means 'the actions having been assigned (mandated) to the buyer.' This reflects the classical Roman law practice where the assignment of a claim was achieved by granting the assignee a mandate to sue as an agent (mandatum actionis).
  2. §2.15.17.prexceptio transacti negotii — The plea of a concluded transaction or compromise. To protect a bona fide debtor who has compromised with the original creditor in ignorance of the assignment, this exception (exceptio) is granted to block the claim brought by the new creditor (the buyer) by pleading the compromise.

Cite this passage

Justinian I, The Digest of Justinian §2.15.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.15.17.pr

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