Humanitext Reader

Justinian I · The Digest of Justinian §31.0.13.pr-31.0.13.1

Cession of Actions and Legacies of Solidary Debts

Passage 4739 of 9271 · Latin

Summary

The author discusses the obligations of the heir and the performance of legacies through the cession of actions when a claim against joint debtors or a single debtor is bequeathed separately to multiple persons.

[POMPONIUS libro septimo ex Plautio. ] §31.0.13.prQui duos reos eiusdem pecuniae habet Titium atque Maeuium, ita legauit: 'quod mihi Titius debet, Maeuio heres meus dato.
[POMPONIUS, in the seventh book to Plautius.] He who has two debtors bound for the same sum of money, Titius and Maevius, bequeathed as follows: 'What Titius owes me, let my heir give to Maevius.
quod 'Maeuius debet, Seio dato'. his uerbis onerat heredem: nam cum actiones suas heres Maeuio praestiterit aduersus Titium, uidetur Maeuias facto cius liberatus esse et idcirco Scio heres tenebitur.
What Maevius owes, let him give to Seius.' By these words he burdens the heir; for when the heir has ceded to Maevius his actions against Titius, Maevius is deemed to have been released by his act, and therefore the heir will be liable to Seius.
§31.0.13.1Si is qui unum reum habebat quod is sibi deberet duobus in solidum separatim legasset, oneratur heres duobus satisfacere uni actione cedendo, alteri pecuniam soluendo.
If he who had a single debtor had bequeathed what that debtor owed him to two persons separately in solidum, the heir is burdened to satisfy both: to the one by ceding the action, and to the other by paying the money.

Notes

  1. 31.0.13.prreos — Here reus refers to "debtor" in a broad sense, specifically "co-debtors" or "joint debtors" bound for the same performance. eiusdem pecuniae (of the same money) is a genitive qualifying reos.
  2. 31.0.13.prfacto cius — The pronoun cius (or eius) contextually refers to the subject of the main clause, heres (the heir), meaning "by his [the heir's] act." The manuscript reading Maeuias is understood as a scribal error for Maeuius.
  3. 31.0.13.1in solidum — A legal adverbial phrase meaning "for the whole" or "in full." It indicates a situation where the claim was not divided and bequeathed in parts, but the entire amount of the claim was bequeathed to each of the two persons separately (separatim).

Cite this passage

Justinian I, The Digest of Justinian §31.0.13.pr-31.0.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.13.pr-31.0.13.1

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