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Justinian I · The Digest of Justinian §34.3.22.pr

Plea and Right of Trust from an Informal Debt Release

Passage 5222 of 9271 · Latin

Summary

It is held that when a testator states they do not wish a debt to be demanded, the debtor not only receives a defence against claims but can also actively demand a fideicommissum for their release.

[PAPINIANUS libro nono decimo quaestionum. ] §34.3.22.pr'Quod mihi Sempronius debet, peti nolo': non tantum exceptionem habere debitorem, sed et fideicommissum ut liberetur petere posse responsum est.
[PAPINIANUS in the nineteenth book of Questions.] 'I do not wish what Sempronius owes me to be demanded': it was answered that the debtor not only has a defence, but also can claim a fideicommissum to be released.

Notes

  1. 34.3.22.prpeti — The present passive infinitive of petere (to demand, sue for), acting as the complementary infinitive to nolo (I do not wish), meaning 'to be demanded' or 'to be sued for'.
  2. 34.3.22.prdebitorem — The subject accusative of the infinitives habere and posse in the accusative-and-infinitive (AcI) construction introduced by the impersonal passive responsum est (it was answered).
  3. 34.3.22.prut liberetur — A clause containing the third-person singular present subjunctive passive liberetur, functioning as a noun clause (substantive clause of purpose or appositive) that specifies the content of the fideicommissum (trust), meaning 'that he be released [from the debt]'.

Cite this passage

Justinian I, The Digest of Justinian §34.3.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.3.22.pr

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