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Justinian I · The Digest of Justinian §46.1.66.pr

Owner Ratifying Slave Payment as Surety by Action

Passage 7614 of 9271 · Latin

Summary

This section explains that if another's slave pays as a surety, and the slave's owner brings an action of mandate against the debtor, this action is deemed a ratification of the payment, thereby releasing the debtor.

[PAULUS libro primo ad Neratium. ] §46.1.66.prSi seruus alienus pro Titio fideiussit et soluit, liberatur Titius, si dominus mandati contra eum agere instituit: nam qui mandati agit, ratam habere solutionem uidetur.
[PAULUS libro primo ad Neratium.] If another's slave has become a surety for Titius and has paid, Titius is released, if the slave's owner decides to bring an action of mandate against him: for he who brings an action of mandate is deemed to ratify the payment.

Notes

  1. §46.1.66.prmandati — A genitive of characteristic with the noun 'actio' (action) understood. Combined with 'agere', it means 'to bring an action of mandate'. Here it refers to the contrary action of mandate (actio mandati contraria) brought by the slave's owner against the debtor Titius to recover what was expended.
  2. §46.1.66.prratam habere — A legal idiom meaning 'to ratify' or 'to hold valid'. The owner's act of bringing an action of mandate implies a retroactive approval of the slave's unauthorized payment, making it legally effective and thereby releasing the debtor.

Cite this passage

Justinian I, The Digest of Justinian §46.1.66.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.66.pr

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