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Justinian I · The Digest of Justinian §45.1.67.pr-45.1.67.1

Guarantees of Financial Safety and Stipulations for Payment

Passage 7414 of 9271 · Latin

Summary

This chunk discusses the validity of a stipulation guaranteeing the safety of money, and the principle that direct demand is limited when a stipulation is made for the arrangement of payment.

[ULPIANUS libro secundo ad edictum. ] §45.1.67.prIlla stipulatio: 'decem milia salua fore promittis?' ualet.
[ULPIANUS, On the Edict, Book 2] That stipulation: 'Do you promise that ten thousand will be safe?' is valid.
§45.1.67.1Eum, qui 'decem dari sibi curari' stipulatus sit, non posse decem petere, quoniam possit promissor reum locupletem dando liberari, Labeo ait: idque et Celsus libro sexto digestorum refert.
Labeo says that he who has stipulated 'that ten be given to him or that care be taken [for payment]' cannot demand the ten, since the promisor can be released by providing a wealthy debtor; and Celsus also reports this in the sixth book of his Digests.

Notes

  1. §45.1.67.prsalua fore — salva is the nominative neuter plural of the adjective salvus, agreeing with the preceding decem milia (treated as a neuter plural noun). fore is an alternative form of futurus esse (future infinitive), meaning 'that they will be safe' in the future.
  2. §45.1.67.1dari sibi curari — A collocation of the passive infinitives dari and curari. It means 'to be given to him (dari) or to be taken care of (curari)'. Because of this alternative wording, the promisor can fulfill the obligation not only by paying cash but also by arranging the payment, which limits the creditor's right to demand the money directly.
  3. §45.1.67.1reum locupletem dando — dando is the ablative of the gerund dare, expressing means ('by giving/providing'). reum locupletem is its object, meaning 'a wealthy (locupletem) debtor/party (reum)'. This indicates that the promisor (such as a guarantor) can be released (liberari) from his obligation by providing someone with sufficient solvency as the principal debtor.

Cite this passage

Justinian I, The Digest of Justinian §45.1.67.pr-45.1.67.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.67.pr-45.1.67.1

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