Humanitext Reader

Justinian I · The Digest of Justinian §45.1.55.pr

Payment to a Designated Third Party and Exclusion of Heirs

Passage 7402 of 9271 · Latin

Summary

This section explains that when a stipulation is made for performance to oneself or a third party, payment is validly made only to that third party personally, and not to their heirs.

[IDEM libro trigensimo sexto digestorum. ] §45.1.55.prCum quis sibi aut Titio dari stipulatus est, soli Titio, non etiam successoribus eius recte soluitur.
[THE SAME, in the thirty-sixth book of the Digests.]\n\nWhen anyone has stipulated for a performance to be made to himself or to Titius, payment is properly made only to Titius himself, and not also to his successors.

Notes

  1. §45.1.55.prdari — The present passive infinitive of do. It functions as the object clause of stipulatus est, meaning 'to be given/performed', with the object of performance being understood contextually.
  2. §45.1.55.prsoli Titio — soli is the dative singular masculine of the pronominal adjective solus, agreeing with Titio. It emphasizes that the right of the designated third party (adiectus solutionis causa) to receive payment is strictly personal and does not pass to his successors.

Cite this passage

Justinian I, The Digest of Justinian §45.1.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.55.pr

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