Humanitext Reader

Justinian I · The Digest of Justinian §38.1.12.pr

Services to Third Parties and Money Promises to Needy Patrons

Passage 5897 of 9271 · Latin

Summary

Pomponius explains why the services rendered to a third party are different, and discusses the validity of adding a third party to a promise of money made by a freedman for his freedom to a needy patron.

[POMPONIUS libro quinto decimo ad Sabinum. ] §38.1.12.prquia aliae operae erunt, quae Lucio Titio dantur.
[POMPONIUS, in the fifteenth book on Sabinus.] because the services which are rendered to Lucius Titius will be different.
sed si libertatis causa pecuniam promittat libertus egenti patrono aut Titio, omnimodo adiectio Titii ualet.
But if a freedman, for the sake of his freedom, promises money to his needy patron or to Titius, the addition of Titius is valid in any case.

Notes

  1. §38.1.12.praliae operae — The word aliae here means "different (in kind)" continuing the context of D. 38.1.11. Because the "services" (operae) of a freedman are highly personal to the patron, they are considered different services when rendered to a third party.
  2. §38.1.12.pradiectio Titii — "The addition of Titius" refers to the designation of Titius as an additional person authorized to receive payment (adiectus solutionis causa) within an obligation.

Cite this passage

Justinian I, The Digest of Justinian §38.1.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.12.pr

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