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Justinian I · The Digest of Justinian §34.3.23.pr

Agent's Duty to Restore Money Despite Release

Passage 5223 of 9271 · Latin

Summary

It is discussed that even if a procurator is released by a will from rendering accounts, they are still compelled under the law of mandate to restore to the heir any money arising from contracts made on behalf of the deceased, or to assign their rights of action.

[IDEM libro septimo responsorum. ] §34.3.23.prProcurator, a quo rationem heres exigere prohibitus eoque nomine procuratorem liberare damnatus est, pecuniam ab argentario debitam ex contractu, quem ut procurator fecit, iure mandati cogetur restituere uel actiones praestare.
[THE SAME in the seventh book of Answers.] A procurator—from whom the heir was forbidden to demand an accounting and under that head was condemned to release the procurator—will be compelled under the law of mandate to restore the money owed by the banker from the contract which he made as procurator, or to assign his rights of action.

Notes

  1. §34.3.23.prprohibitus eoque nomine procuratorem liberare damnatus est — The auxiliary verb 'est' is omitted after 'prohibitus'. The noun 'heres' is the common subject for both 'prohibitus [est]' and 'damnatus est'. 'Damnatus est' indicates that the heir was legally bound by a testamentary disposition (such as a legacy or fideicommissum) to release the procurator.
  2. §34.3.23.practiones praestare — This means 'to assign or make available the rights of action'. Since a contract made by a procurator in their own name with a third party (here, the banker) initially vests the rights of action in the procurator, they are required under the contract of mandate to transfer or cede these actions to the principal (and consequently to the heir).

Cite this passage

Justinian I, The Digest of Justinian §34.3.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.3.23.pr

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