Humanitext Reader

Justinian I · The Digest of Justinian §39.6.24.pr

Condictio of a Debt Released Mortis Causa

Passage 6274 of 9271 · Latin

Summary

Explains that if a donor recovers after releasing a debt mortis causa, a condictio can be brought even against a debtor released by lapse of time, because the original obligation was transferred into this condictio through the formal release.

[IDEM libro nono quaestionum. ] §39.6.24.prQuod debitori acceptum factum esset mortis causa, si conualuerit donator, etiam tempore liberato ei potest condici: namque acceptilatione interueniente abitum ab iure pristinae obligationis eamque in huius condictionis transfusam.
[THE SAME, from the ninth book of Questions.] Where a release was made to a debtor mortis causa, if the donor recovers, a condictio can be brought even against him who has been released by lapse of time; for, through the intervention of the formal release, there was a departure from the right of the original obligation, and it was transferred into the right of this condictio.

Notes

  1. §39.6.24.prtempore liberato — Composed of the dative singular masculine participle liberato (modifying ei) and the ablative tempore expressing cause or means. It means "one who has been released by the lapse of time", indicating that a condictio (personal action for recovery) can still be brought even after the debtor has been freed from the original obligation by prescription.
  2. §39.6.24.prabitum — The impersonal use of the perfect passive infinitive abitum esse (with esse omitted) of the intransitive verb abeo. Functioning within the accusative and infinitive construction introduced by namque, it expresses that there was a departure from the right of the original obligation.

Cite this passage

Justinian I, The Digest of Justinian §39.6.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.6.24.pr

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