Humanitext Reader

Justinian I · The Digest of Justinian §45.1.32.pr

Mistake in a Name and Validity of Stipulation

Passage 7378 of 9271 · Latin

Summary

Ulpian argues that a stipulation is valid even if a mistake was made in the slave's name, provided that there was mutual agreement regarding the specific identity of the slave.

[ULPIANUS libro quadragensimo septimo ad Sabinum. ] §45.1.32.prSi in nomine serui, quem stipularemur dari, erratum fuisset, cum de corpore constitisset, placet stipulationem ualere.
[ULPIANUS, in the forty-seventh book on Sabinus.] If a mistake had been made in the name of the slave whom we stipulated should be given, since there was agreement as to the identity, it is held that the stipulation is valid.

Notes

  1. §45.1.32.prquem stipularemur dari — The relative pronoun 'quem' serves as the subject accusative of the passive infinitive 'dari', with 'serui' as its antecedent. The subjunctive 'stipularemur' indicates a past continuous or hypothetical scenario of stipulation.
  2. §45.1.32.prcum de corpore constitisset — The cum-clause with the pluperfect subjunctive 'constitisset' expresses a temporal-causal or conditional circumstance. 'Corpus' (body, identity) is contrasted with 'nomen' (name), indicating the specific object of the contract. 'Constat' is used impersonally to mean 'agreement is established' or 'it is clear'.

Cite this passage

Justinian I, The Digest of Justinian §45.1.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.32.pr

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