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Justinian I · The Digest of Justinian §45.1.64.pr

Conditional Annual Stipulations and Prior Payments

Passage 7411 of 9271 · Latin

Summary

This text addresses a conditional stipulation for annual payments that was fulfilled after three years, determining that the stipulation is valid and that the payments for the intervening years are deferred to and become due at the time of the condition's fulfillment.

[IDEM libro septimo quaestionum. ] §45.1.64.prHuiusmodi stipulatio interposita est: 'si Titius consul factus fuerit, tum ex hac die in annos singulos dena dari spondes?' post triennium condicio exstitit: an huius temporis nomine agi possit, non immerito dubitabitur.
[THE SAME, Questions, Book 7] A stipulation of this kind was entered into: 'If Titius should be made consul, do you promise that ten shall be given every year from this day?' After three years the condition was fulfilled: it will not without reason be doubted whether an action can be brought on account of this period.
respondit eam stipulationem utilem esse ita, ut in ea eorum quoque annorum, qui ante impletam condicionem intercesserint, praestatio in id tempus collata intellegatur, ut sententia eius sit talis: tunc cum Titius consul factus fuerit, in annos singulos, etiam praeteriti temporis habita ratione, dena praestentur.
He answered that the stipulation is valid in such a way that in it the payment also of those years which elapsed before the fulfillment of the condition is understood to be deferred to that time, so that its meaning is as follows: then when Titius shall have been made consul, ten shall be paid for each year, taking into account also the past time.

Notes

  1. §45.1.64.prante impletam condicionem — The preposition "ante" is combined with the perfect passive participle "impletam" agreeing with the noun "condicionem". Rather than "before the fulfilled condition," it denotes the occurrence of the event: "before the condition is fulfilled" (the so-called ab urbe condita construction).
  2. §45.1.64.pragi possit — An impersonal passive use of the legal verb "agere" (to bring an action, sue). Accompanied by "huius temporis nomine" (on account of this period), it means "whether an action can be brought."
  3. §45.1.64.prcollata — The perfect passive participle of the verb "conferre". Here it means that the payment (praestatio) is "deferred" or "brought forward together" to a specific future point in time (id tempus, i.e., the time of the fulfillment of the condition).
  4. §45.1.64.prhabita ratione — An ablative absolute construction consisting of the noun "ratio" (account, consideration) and the participle "habita". It means "having taken into account" or "consideration having been had."

Cite this passage

Justinian I, The Digest of Justinian §45.1.64.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.64.pr

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