Humanitext Reader

Justinian I · The Digest of Justinian §45.1.7.pr

Validity of Stipulations with Negative Impossible Conditions

Passage 7353 of 9271 · Latin

Summary

It explains that an impossible condition concerning an act invalidates stipulations, whereas a negative impossible condition such as 'if he does not ascend to heaven' does not, leaving the contract immediately valid and unconditional.

[IDEM libro sexto ad Sabinum. ] §45.1.7.prImpossibilis condicio cum in faciendum concipitur, stipulationibus obstat: aliter atque si talis condicio inseratur stipulationi 'si in caelum non ascenderit': nam utilis et praesens est et pecuniam creditam continet.
[THE SAME, in the sixth book on Sabinus.] When an impossible condition is formulated in terms of doing something, it stands in the way of stipulations; it is otherwise than if such a condition as 'if he does not ascend into heaven' is inserted into a stipulation; for this is valid and unconditional, and contains a loaned sum.

Notes

  1. §45.1.7.prin faciendum — The preposition in combined with the gerund faciendum (accusative) means 'in respect to an act' or 'concerning doing something', referring to a positive impossible condition (e.g., 'if you touch the sky').
  2. §45.1.7.praliter atque si — A comparative construction meaning 'otherwise than if'. Aliter is an adverb, and atque (or ac) is a comparative conjunction introducing the si clause to express contrast.
  3. §45.1.7.prpraesens — As a legal term, it refers to a status that is 'immediately effective' or unconditional, without any pending condition or time limit. Since a negative impossible act (not ascending to heaven) is already accomplished or guaranteed, the obligation is treated as unconditional.
  4. §45.1.7.prpecuniam creditam — Although its literal meaning is 'loaned money', here it refers to a definite and unconditional monetary debt created by the stipulation.

Cite this passage

Justinian I, The Digest of Justinian §45.1.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.7.pr

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