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Justinian I · The Digest of Justinian §45.2.7.pr

Conditional Joint Debtors and Claims Against Unconditional Ones

Passage 7496 of 9271 · Latin

Summary

This section explains that one of the joint debtors can be bound with a term or under a condition, and that this does not prevent a claim from being made against the other who is bound unconditionally.

[FLORENTINUS libro octauo institutionum. ] §45.2.7.prEx duobus reis promittendi alius in diem uel sub condicione obligari potest: nec enim impedimento erit dies aut condicio, quo minus ab eo, qui pure obligatus est, petatur.
[FLORENTINUS in the eighth book of the Institutions.] Of two joint debtors of promising, one can be bound to a day or under a condition; for neither a day nor a condition will be an impediment to prevent a claim from being made against him who is bound unconditionally.

Notes

  1. §45.2.7.pralius — Refers to one of the two parties. In classical Latin, alter is normally used to refer to one of two, but here alius functions in that sense.
  2. §45.2.7.primpedimento erit — A double dative construction using the dative of purpose/effect impedimento (as a hindrance). The dative of person (e.g., the creditor) is omitted in the context.
  3. §45.2.7.prquo minus ... petatur — A clause introduced by the conjunction quo minus, which accompanies expressions of hindrance (impedimento erit) and takes the subjunctive petatur (impersonal passive, "that a claim be made"), meaning "to prevent... from being done."

Cite this passage

Justinian I, The Digest of Justinian §45.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.2.7.pr

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