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Justinian I · The Digest of Justinian §45.3.12.pr

Void Stipulation Due to Indeterminate Added Master

Passage 7520 of 9271 · Latin

Summary

It is explained that when both co-masters have the capacity to hold an obligation, it is impossible to determine who is the principal party and who is the added party, rendering the stipulation void as there is no identifiable claimant.

[PAULUS libro decimo quaestionum. ] §45.3.12.prNam cum uterque obligationis capax sit, non inuenimus, quis adiectus sit, quia non est, qui petere possit.
[PAULUS, from the tenth book of Questions.] For since both are capable of holding an obligation, we do not find who was added, because there is no one who can sue.

Notes

  1. §45.3.12.probligationis capax — The adjective `capax` takes the genitive case, meaning "capable of" or "receptive to." Here, it refers to the legal capacity to become a party to an obligation (`obligationis`).
  2. §45.3.12.prquis adiectus sit — An indirect question clause with the subjunctive present passive `sit`. `adiectus` (the added one) refers to the person added to a contract (adiectus solutionis causa) who, while not the principal creditor, is authorized to receive valid payment.
  3. §45.3.12.prnon est, qui petere possit — The clause introduced by the relative pronoun `qui` takes the subjunctive `possit` to describe the characteristic of a non-existent subject (the antecedent is implied or included in `non est`), functioning as a subjunctive of characteristic. It means "there is no one of such a character who can sue (i.e., the principal creditor)."

Cite this passage

Justinian I, The Digest of Justinian §45.3.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.12.pr

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