Justinian I · The Digest of Justinian §45.2.10.pr

Inapplicability of Set-Off Between Non-Partner Joint Promisors

Passage 7499 of 9271 · Latin

Summary

This text explains that if joint promisors are not partners, a debt owed by the creditor to one of the debtors cannot be used to benefit the other debtor (e.g., for set-off).

[IDEM libro trigensimo septimo quaestionum. ] §45.2.10.prSi duo rei promittendi socii non sint, non proderit alteri, quod stipulator alteri reo pecuniam debet.

[THE SAME in the thirty-seventh book of Questions.]\n\nIf two joint promisors are not partners, the fact that the stipulator owes money to one of the debtors will not benefit the other.

Notes

§45.2.10.prquod — The clause introduced by the conjunction quod (quod stipulator... debet) functions as a substantive noun clause serving as the subject of the main verb proderit, representing the fact that "the stipulator owes money to the other debtor."
§45.2.10.pralteri... alteri reo — Although both are dative forms of alter, alteri reo refers to the specific debtor to whom the creditor owes money, while the initial alteri refers to the other debtor who seeks to utilize this fact for their own benefit (such as for a defense of set-off).

Cite this passage

Justinian I, The Digest of Justinian §45.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.2.10.pr

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