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Justinian I · The Digest of Justinian §20.1.33.pr

Recovery of a Pledge Given to a Third Party Payee

Passage 2946 of 9271 · Latin

Summary

It states that a debtor who promised to pay either the creditor or a third party (Titius) cannot reclaim what has already been paid to Titius, but can recover any pledge given to Titius even before the payment is made.

[TRYPHONINUS libro octauo disputationum. ] §20.1.33.prIs qui promissit tibi aut Titio solutum quidem Titio repetere non potest, sed pignus ei datum et ante solutionem recipit.
[TRYPHONINUS, in his eighth book of Disputations.] He who has promised to pay to you or to Titius, indeed, cannot demand back what has been paid to Titius, but he recovers the pledge given to him even before payment.

Notes

  1. 20.1.33.prsolutum — The perfect passive participle neuter singular of the verb `solvere` used substantively, serving as the direct object of the verb `repetere` (to demand back, reclaim). It means 'what has been paid' or 'the performance rendered'.
  2. 20.1.33.pret ante solutionem — The conjunction `et` is used adverbially here to emphasize `ante solutionem`, meaning 'even before payment' or 'even prior to performance'.

Cite this passage

Justinian I, The Digest of Justinian §20.1.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.33.pr

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