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Justinian I · The Digest of Justinian §45.1.25.pr

Validity of Subsequent Stipulation for Debt Barred by Exception

Passage 7371 of 9271 · Latin

Summary

If a new stipulation is made for a debt already owed under a prior stipulation where the promisor is protected by an exception, the promisor will be bound by the subsequent stipulation because the former is rendered virtually null by the opposing exception.

[POMPONIUS libro uicesimo ad Sabinum. ] §45.1.25.prSi dari stipuler id quod mihi iam ex stipulatu debeatur, cuius stipulationis nomine exceptione tutus sit promissor, obligabitur ex posteriore stipulatione, quia superior quasi nulla sit exceptione obstante.
[POMPONIUS, in the twentieth book on Sabinus.] If I stipulate for the giving of that which is already owed to me under a stipulation, in respect of which prior stipulation the promisor is protected by an exception, he will be bound under the subsequent stipulation, because the former is, as it were, null, since an exception stands in the way.

Notes

  1. §45.1.25.prdari stipuler — stipuler is the first-person singular present subjunctive of the deponent verb stipulor (to stipulate/exact a promise), introduced by the conditional si. dari is the present passive infinitive of do (to give), functioning as the complement of stipuler to mean "stipulate that [something] be given".
  2. §45.1.25.prexceptione obstante — An ablative absolute construction formed by the noun exceptio (exception/defense) and the present participle of obsto (to stand in the way/oppose). It expresses cause: "since an exception stands in the way" or "by the opposing exception."

Cite this passage

Justinian I, The Digest of Justinian §45.1.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.25.pr

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