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Justinian I · The Digest of Justinian §45.1.131.pr-45.1.131.1

Stipulations on Non-Interference and Performance to Third Parties

Passage 7479 of 9271 · Latin

Summary

Discusses the scope of liability in a stipulation against prevention of passage, and the stipulator's right to demand a guarantee against eviction in an alternative stipulation for a third party.

[SCAEUOLA libro tertio decimo quaestionum. ] §45.1.131.prIulianus scripsit, si 'neque per te neque per heredem tuum Titium fieri', quo minus mihi ire liceat' stipuler, non solum Titium teneri, si prohibeat, sed etiam coheredes eius.
[SCAEVOLA, Questions, book 13.] Julianus wrote that if I should stipulate "that nothing be done either by you or by your heir Titius to prevent me from being allowed to go," not only is Titius bound, if he should prevent it, but also his co-heirs.
§45.1.131.1Qui fundum sibi aut Titio dari stipulatur, quamuis fundus Titio traditus sit, nihilo minus petere fundum potest, ut sibi de euictione promittatur: nam interest eius, quia mandati actione fundum recepturus sit a Titio.
He who stipulates for a tract of land to be given to himself or to Titius, even though the land has been delivered to Titius, can nevertheless claim the land, so that a promise concerning eviction may be made to him; for it is to his interest, because he is to recover the land from Titius by the action of mandate.
sed si donationis causa Titium interposuit, dicetur traditione protinus reum liberari.
But if he interposed Titius for the purpose of a donation, it will be said that the debtor is immediately released by the delivery.

Notes

  1. §45.1.131.prquo minus — The conjunction 'quo minus' (lest / so that... not) is introduced by an expression of prevention or hindrance (here 'fieri' with negative elements) and modifies 'mihi ire liceat'. It means 'lest I should be prevented from being allowed to go'.
  2. §45.1.131.1interest eius — The impersonal verb 'interest' is combined with the genitive pronoun 'eius' (his, referring to the stipulator). It is to his interest because, as the subsequent 'quia' clause explains, he intends to recover the land from Titius by the action of mandate, making it necessary to secure a guarantee against eviction from the seller.
  3. §45.1.131.1reum liberari — An accusative-with-infinitive construction serving as the subject of 'dicetur'. Here 'reus' refers to the debtor (the promisor), indicating that if the delivery to the third party (Titius) was made for the purpose of a donation, the debtor is immediately released from his obligation.

Cite this passage

Justinian I, The Digest of Justinian §45.1.131.pr-45.1.131.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.131.pr-45.1.131.1

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