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Justinian I · The Digest of Justinian §45.2.15.pr

Exceptions Where Joint Stipulation Cannot Be Formed

Passage 7504 of 9271 · Latin

Summary

On exceptional cases where joint stipulators cannot be created. Through examples of stipulations involving personal rights or the stipulation of one's own property, the legal principles of why a joint relationship is denied are discussed, along with the discharge effect of payment.

[GAIUS libro secundo de uerborum obligationibus. ] §45.2.15.prSi id, quod ego et Titius stipulamur, in singulis personis proprium intellegatur, non poterimus duo rei stipulandi constitui, ueluti cum usum fructum aut dotis nomine dari stipulemur: idque et Iulianus scribit.
[GAIUS, in the second book on Verbal Obligations.] If that which I and Titius stipulate for is understood as being personal to each individual, we cannot be established as two joint stipulators; for example, when we stipulate for a usufruct, or for something to be given by way of dowry. And Julian also writes this.
idem ait, et si Titius et Seius decem aut Stichum, qui Titii sit, stipulati fuerint, non uideri eos duos reos stipulandi, cum Titio decem tantum, Seio Stichus aut decem debeantur: quae sententia eo pertinet, ut, quamuis uel huic uel illi decem soluerit uel Seio Stichum, nihilo minus alteri obligatus manet.
He says the same: even if Titius and Seius have stipulated for "ten or Stichus, who belongs to Titius," they do not seem to be two joint stipulators, since only ten is owed to Titius, while Stichus or ten is owed to Seius. The consequence of this opinion is that, although he has paid ten to either this one or that one, or Stichus to Seius, he nevertheless remains bound to the other.
sed dicendum est, ut, si decem alteri soluerit, ab altero liberetur.
But it must be said that if he has paid ten to one of them, he is released from the other.

Notes

  1. §45.2.15.prin singulis personis proprium — If the performance stipulated is understood as "personal" (inseparable) to each individual, joint stipulation (duo rei stipulandi) cannot be established. This applies to personal rights like usufruct or a specific dowry which must belong to one party individually.
  2. §45.2.15.prqui Titii sit — The subjunctive `sit` in the relative clause "who belongs to Titius" indicates a hypothetical condition. Since one cannot stipulate for one's own property, the stipulation for Stichus is void for Titius, meaning only "ten" is owed to him, whereas "ten or Stichus" is owed to Seius. Because their claims are not identical, they cannot be joint stipulators (duo rei).
  3. §45.2.15.prquae sententia eo pertinet, ut — This is a relative connection at the beginning of the sentence (`quae sententia`), referring to the preceding opinion of Julian. The phrase `eo pertinet, ut...` introduces a result or explanatory clause meaning "tends to the result that..." or "has the consequence that...".

Cite this passage

Justinian I, The Digest of Justinian §45.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.2.15.pr

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