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Justinian I · The Digest of Justinian §45.1.44.pr

Void Stipulation and Penalty upon Failure of Third-Party Ruling

Passage 7391 of 9271 · Latin

Summary

This section explains that in a stipulation subject to a third party's decision, if no decision is made at all, the stipulation is void, and not even any attached penalty is incurred.

[PAULUS libroduodecimo ad Sabinum. ] §45.1.44.prEt ideo, si omnino non arbitretur, nihil ualet stipulatio, adeo ut, etsi poena adiecta sit, ne ipsa quidem committatur.
[PAULUS, in the twelfth book on Sabinus.] And therefore, if he does not make a decision at all, the stipulation is of no effect, to such an extent that, even if a penalty has been added, not even the penalty itself is incurred.

Notes

  1. §45.1.44.prarbitretur — Subjunctive present 3rd person singular of the deponent verb arbitror (to decide, make a decision). Although the subject is not explicitly stated, it refers to the specific third party (such as Titius) who was mentioned in the preceding fragment (§45.1.43.pr) as the one who ought to make the decision.
  2. §45.1.44.prcommittatur — Subjunctive present passive 3rd person singular of the verb committo. As a legal term, when used with a subject like poena (penalty), it means that the penalty is incurred, forfeited, or becomes payable due to the non-fulfillment of a condition or a breach.

Cite this passage

Justinian I, The Digest of Justinian §45.1.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.44.pr

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