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Justinian I · The Digest of Justinian §44.7.52.pr-44.7.52.10

Modestinus' Classification of the Eight Sources of Obligation

Passage 7337 of 9271 · Latin

Summary

Modestinus' classification of the eight sources of obligations (by a thing, words, both, consent, law, honorary law, necessity, wrongdoing) and explanations of each category.

[MODESTINUS libro secundo regularum. ] §44.7.52.prObligamur aut re aut uerbis aut simul utroque aut consensu aut lege aut iure honorario aut necessitate aut ex peccato.
[MODESTINUS, rules, book II] We are bound either by a thing, or by words, or by both at the same time, or by consent, or by law, or by honorary law, or by necessity, or by wrongdoing.
§44.7.52.1Re obligamur, cum res ipsa intercedit.
We are bound by a thing when the thing itself intervenes.
§44.7.52.2Uerbis, cum praecedit interrogatio et sequitur congruens responsio.
By words, when a questioning precedes and a corresponding answer follows.
§44.7.52.3Re et uerbis pariter obligamur, cum et res interrogationi intercedit, consentientes in aliquam rem.
We are bound by a thing and by words equally when the thing also intervenes in the questioning, while we consent to some matter.
§44.7.52.4Ex consensu obligari necessario ex uoluntate nostra uidemur.
We are seen to be bound by consent necessarily from our own will.
§44.7.52.5Lege obligamur, cum obtemperantes legibus aliquid secundum praeceptum legis aut contra facimus.
We are bound by law when, obeying the laws, we do something either according to the precept of the law or against it.
§44.7.52.6Iure honorario obligamur ex his, quae edicto perpetuo uel magistratu fieri praecipiuntur uel fieri prohibentur.
We are bound by honorary law by those things which are commanded to be done or prohibited from being done by the perpetual edict or by a magistrate.
§44.7.52.7Necessitate obligantur, quibus non licet aliud facere quam quod praeceptum est: quod euenit in necessario herede.
Those are bound by necessity who are not permitted to do anything other than what has been commanded; which happens in the case of a necessary heir.
§44.7.52.8Ex peccato obligamur, cum in facto quaestionis summa constitit.
We are bound by wrongdoing when the sum of the question consists in a fact.
§44.7.52.9Etiam nudus consensus sufficit obligationi, quamuis uerbis hoc exprimi possit.
Even bare consent is sufficient for an obligation, although this can be expressed in words.
§44.7.52.10Sed et nutu solo pleraque consistunt.
But also, most things are established by a nod alone.

Notes

  1. §44.7.52.3consentientes — "consentientes" is a present participle (nominative plural) agreeing with the subject of "obligamur" (first person plural), describing the state of the parties consenting to a certain matter while both the thing and words are involved.
  2. §44.7.52.4necessario — "necessario" is an adverb modifying the verb phrase "obligari uidemur", indicating that the obligation from consent is "necessarily" seen as arising from our own will.
  3. §44.7.52.6magistratu — "magistratu" is an ablative without the preposition "ab", acting as the agent or source of authority modifying the passive infinitives "fieri praecipiuntur / prohibentur" alongside "edicto perpetuo".
  4. §44.7.52.7quibus — "quibus" is a relative pronoun (dative plural) whose antecedent (such as "hi") is omitted and serves as the subject of the main verb "obligantur". Inside the relative clause, it functions as the dative complement of the impersonal expression "non licet".

Cite this passage

Justinian I, The Digest of Justinian §44.7.52.pr-44.7.52.10. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.52.pr-44.7.52.10

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