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Justinian I · The Digest of Justinian §24.1.23.pr

Spousal Stipulations and the Heir's Non-Liability

Passage 3533 of 9271 · Latin

Summary

Based on Papinianus' interpretation of the speech of the Emperor Severus, if a husband promised an obligation to his wife through a verbal contract, the husband's heir cannot be sued for performance even if the husband died while his intention to donate continued.

[IDEM libro sexto ad Sabinum. ] §24.1.23.prPapinianus recte putabat orationem diui Seueri ad rerum donationem pertinere: denique si stipulanti spopondisset uxori suae, non putabat conueniri posse heredem mariti, licet durante uoluntate maritus decesserit.
[THE SAME, in the sixth book on Sabinus.] Papinianus rightly thought that the speech of the divine Severus applied to the donation of property: consequently, if a husband had made a promise to his wife who stipulated for it, he did not think that the husband's heir could be sued, even though the husband died while his intention still continued.

Notes

  1. §24.1.23.prorationem diui Seueri — While oratio literally means a "speech" or "proposal" in the Senate, in the imperial period it refers to a bill proposed by the Emperor to the Senate (i.e., an imperial constitution or decree). Here it refers to the regulation of Emperor Severus regarding donations between husband and wife.
  2. §24.1.23.prstipulanti spopondisset — This refers to the formation of a verbal contract (stipulatio), where the wife asks "Do you promise?" (stipulari) and the husband answers "I promise" (spondere). It describes a case of promising to incur an obligation (sponsio) rather than a simple donation of physical property.
  3. §24.1.23.prconueniri — In a legal context, conuenire (passive conueniri) means "to be summoned to court, to be sued" (as a defendant). Here, it refers to the husband's heir (heredem mariti) being sued to fulfill the promise made by the husband to the wife.

Cite this passage

Justinian I, The Digest of Justinian §24.1.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.23.pr

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