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Justinian I · The Digest of Justinian §45.1.10.pr

Timing of Claims on Stipulations of Non-Return by a Date

Passage 7356 of 9271 · Latin

Summary

This fragment rules that under a stipulation conditional on Titius not returning to Italy by a certain date, no claim can be made until his failure to arrive is certain, regardless of whether this certainty is established during his lifetime or after his death.

[IDEM libro tertio ad Sabinum. ] §45.1.10.prHoc iure utimur, ut ex hac stipulatione: 'si Lucius Titius ante kalendas Maias in Italiam non uenerit, decem dare spondes?' non ante peti quicquam possit, quam exploratum sit ante eam diem in Italiam uenire Titium non posse neque uenisse, siue uiuo siue mortuo id acciderit.
[THE SAME, in the third book on Sabinus.] We observe this rule of law, that under this stipulation: 'If Lucius Titius does not come to Italy before the Kalends of May, do you promise to give ten?', nothing can be demanded before it has been ascertained that Titius cannot come to Italy before that day, nor has he come, whether this has occurred while he was alive or after his death.

Notes

  1. §45.1.10.prHoc iure utimur, ut — The pronoun 'hoc' is explained by the appositional 'ut' clause, which defines the specific rule of law that we observe.
  2. §45.1.10.prexploratum sit — Although seemingly impersonal, this passive perfect subjunctive has the following accusative and infinitive clause ('Titium non posse neque uenisse') as its subject, triggered by 'ante... quam'.
  3. §45.1.10.prsiue uiuo siue mortuo — An ablative absolute construction with the pronoun 'eo' omitted, or an ablative of description/circumstance referring to Titius: 'whether he be alive or dead'.

Cite this passage

Justinian I, The Digest of Justinian §45.1.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.10.pr

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