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Justinian I · The Digest of Justinian §46.1.61.pr

Agreed Place of Payment and Mandator's Liability

Passage 7609 of 9271 · Latin

Summary

Explains that if a loan agreement specified repayment in Italy, the mandator (guarantor) is also understood to have contracted under the same localized repayment condition.

[PAULUS libro quinto decimo responsorum. ] §46.1.61.prSi, ut proponitur, cum pecunia mutua daretur, ita conuenit, ut in Italia solueretur, intellegendum mandatorem quoque simili modo contraxisse.
[SCAEVOLA, in the first book of Opinions. -- error, this is PAULUS in the 15th book, let me correct the speaker block as per prompt] [PAULUS, in the fifteenth book of Opinions.] If, as is proposed, when the money was given on loan, it was agreed that it should be paid in Italy, it must be understood that the mandator also contracted in a similar manner.

Notes

  1. §46.1.61.prut proponitur — Meaning "as is proposed." A formulaic expression in juristic opinions assuming the facts as presented by the petitioner.
  2. §46.1.61.printellegendum — An impersonal gerundive with esse omitted, meaning "it must be understood." It acts as the main predicate governing the accusative with infinitive (A.C.I.) construction mandatorem ... contraxisse.
  3. §46.1.61.prmandatorem — The mandator (the person giving a mandate). Here, it specifically refers to the party who, by mandating the mandatary (creditor) to lend money to a third party, takes on a liability equivalent to that of a surety (mandatum qualificatum).

Cite this passage

Justinian I, The Digest of Justinian §46.1.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.61.pr

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