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Justinian I · The Digest of Justinian §45.1.87.pr

Invalidity of Stipulation for One's Future Property

Passage 7434 of 9271 · Latin

Summary

Paulus states the principle that no one can validly stipulate for a thing that will belong to them in the future, specifically for the very event in which they acquire its ownership.

[PAULUS libro septuagensimo quinto ad edictum. ] §45.1.87.prNemo rem suam futuram in eum casum, quo sua fit, utiliter stipulatur.
[PAULUS, On the Edict, Book 75] No one validly stipulates for a thing that will be his own, for that event in which it becomes his own.

Notes

  1. §45.1.87.prrem suam futuram — Direct object of the verb `stipulatur`. `rem` is the accusative singular of the feminine noun `res` (thing), modified by the possessive adjective `suam` and the future participle `futuram` in gender, number, and case agreement.
  2. §45.1.87.prin eum casum, quo sua fit — The relative pronoun `quo` (ablative singular masculine) refers to the antecedent `casum`. `sua` is the nominative feminine singular acting as the predicate of the implied subject (`res`), and `fit` is the third-person singular present of the irregular verb `fieri` (to become).

Cite this passage

Justinian I, The Digest of Justinian §45.1.87.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.87.pr

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