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Justinian I · The Digest of Justinian §45.1.82.pr-45.1.82.2

Stipulating One's Own Property and Liability During Delay

Passage 7429 of 9271 · Latin

Summary

This chunk discusses the invalidity of stipulating for one's own property except for its price or restoration, and the promisor's liability if the subject slave dies during delay, along with the definition of delay.

[IDEM libro septuagensimo octauo ad edictum. ] §45.1.82.prNemo rem suam utiliter stipulatur, sed pretium rei suae non inutiliter: sane rem meam mihi restitui recte stipulari uideor.
[THE SAME, On the Edict, Book 78] No one stipulates for his own property with effect, but one stipulates not without effect for the price of his own property; indeed, I am seen to stipulate rightly for my property to be restored to me.
§45.1.82.1Si post moram promissoris homo decesserit, tenetur nihilo minus, proinde ac si homo uiueret.
If, after the delay of the promisor, the slave dies, he is liable nonetheless, just as if the slave were alive.
§45.1.82.2Et hic moram uidetur fecisse, qui litigare maluit quam restituere.
And he is deemed to have made delay who preferred to litigate rather than to restore.

Notes

  1. 45.1.82.prrem meam mihi restitui — An accusative with infinitive (AcI) construction functioning as the object of the verb `stipulari`. The infinitive is `restitui` (to be restored, present passive), and its subject accusative is `rem meam` (my property).
  2. 45.1.82.1proinde ac si — A conjunctional phrase meaning "just as if," introducing a conditional clause of comparison expressing a counterfactual situation. The verb `uiueret` is in the imperfect subjunctive, indicating a present counterfactual assumption.
  3. 45.1.82.2qui litigare maluit quam restituere — A relative clause whose antecedent (such as `is`) is omitted but understood as the subject of the main clause. The relative pronoun `qui` refers to the debtor who prefers litigation over the actual restoration of the property.

Cite this passage

Justinian I, The Digest of Justinian §45.1.82.pr-45.1.82.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.82.pr-45.1.82.2

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