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Justinian I · The Digest of Justinian §46.1.23.pr

Inability of a Payment Receiver to Accept a Surety

Passage 7571 of 9271 · Latin

Summary

This section explains that a third party added to a contract solely for the purpose of receiving payment (adiectus) cannot accept a surety, since they are not the actual creditor.

[MARCIANUS libro quarto regularum. ] §46.1.23.prSi 'mihi aut Titio decem?' stipulatus fuerim, Titius fideiussorem accipere non potest, quia solutionis tantum causa adiectus est.
[MARCIANUS in the fourth book of Rules.] If I have stipulated, 'Ten to me or to Titius?', Titius cannot accept a surety, because he has been added only for the purpose of payment.

Notes

  1. §46.1.23.prstipulatus fuerim — Perfect (or future perfect) active of the deponent verb *stipulor* (to stipulate, make a contract). It indicates that 'I' (the creditor) entered into the formal verbal contract with the debtor.
  2. §46.1.23.prsolutionis tantum causa — An expression of purpose consisting of the genitive *solutionis* (of payment) modifying the postposed ablative *causa* (for the sake of). Titius is merely designated to receive payment (*solutionis causa adiectus*) and is not the creditor of the obligation itself, which is why he lacks the right to accept a surety.

Cite this passage

Justinian I, The Digest of Justinian §46.1.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.23.pr

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