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Justinian I · The Digest of Justinian §2.15.2.pr

Validity of Compromise by Simple Agreement

Passage 430 of 9271 · Latin

Summary

Ulpian explains that a compromise can be accepted as executed not only when a formal Aquilian stipulation is attached, but also when a simple agreement has been made.

[IDEM libro septuagensimo quarto ad edictum. ] §2.15.2.prTransactum accipere quis potest non solum, si Aquiliana stipulatio fuerit subiecta, sed et si pactum conuentum fuerit factum.
[THE SAME in the seventy-fourth book on the Edict.] A person can accept a compromise as executed not only if an Aquilian stipulation has been subjoined, but also if an agreement has been made.

Notes

  1. §2.15.2.prtransactum accipere — The perfect passive participle transactum (neuter accusative singular, meaning "that which has been compromised") serves as the object of the verb accipere. The phrase transactum accipere means "to accept a compromise as executed" or to acknowledge its legal validity.
  2. §2.15.2.prAquiliana stipulatio — A formal verbal contract attributed to the late Republican jurist Aquilius Gallus. It was used to novate all outstanding and uncertain obligations between parties into a single stipulation (stipulatio), which was then formally discharged by release (acceptilatio), securing the finality of a compromise.

Cite this passage

Justinian I, The Digest of Justinian §2.15.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.15.2.pr

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