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Justinian I · The Digest of Justinian §45.2.2.pr

Full Liability and Discharge in Joint Obligations

Passage 7491 of 9271 · Latin

Summary

Explains that when two persons jointly contract a debt or claim for the same sum, each is liable for or entitled to the whole, and the entire obligation is dissolved by the act of one.

[IAUOLENUS libro tertio ex Plautio. ] §45.2.2.prCum duo eandem pecuniam aut promiserint aut stipulati sunt, ipso iure et singuli in solidum debentur et singuli debent: ideoque petitione acceptilatione unius tota soluitur obligatio.
[JAVOLENUS in the third book from Plautius.] When two persons have either promised or stipulated for the same sum of money, by operation of law each of them is both owed the whole amount and owes the whole amount; and therefore, by the suit or the release of one, the entire obligation is dissolved.

Notes

  1. §45.2.2.prdebentur et singuli debent — A contrast of two verb forms. The passive 'debentur' (from debere) corresponds to 'stipulati sunt' (stipulated, i.e., joint creditors), meaning that they are owed the debt (they have the claim for the whole amount). The active 'debent' corresponds to 'promiserint' (promised, i.e., joint debtors), meaning that they owe the whole amount. 'In solidum' (for the whole) modifies both verbs.
  2. §45.2.2.prpetitione acceptilatione unius — The two ablative nouns in apposition/parallelism, 'petitione' (by suit) and 'acceptilatione' (by formal release), express the means or cause. The genitive 'unius' (of one) modifies both nouns, meaning 'by the suit of one or by the release of/by one'.

Cite this passage

Justinian I, The Digest of Justinian §45.2.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.2.2.pr

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