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Justinian I · The Digest of Justinian §46.2.10.pr

Capacity to Novate and Designated Payees

Passage 7631 of 9271 · Latin

Summary

A person who can validly receive payment is generally authorized to effect a novation, with the exception of a third party who is merely designated to receive payment in a stipulation, as they cannot novate despite being able to receive valid payment.

[PAULUS libro undecimo ad Sabinum. ] §46.2.10.prCui recte soluitur, is etiam nouare potest, excepto eo, si mihi aut Titio stipulatus sim: nam Titius nouare non potest, licet recte ei soluitur.
[PAULUS, in the eleventh book on Sabinus.] He to whom payment is validly made can also novate, except in the case where I have stipulated "to me or to Titius"; for Titius cannot novate, although payment is validly made to him.

Notes

  1. §46.2.10.prexcepto eo, si — excepto eo is an ablative absolute construction, the substantive content of which is explained by the following conditional clause introduced by si. It is an idiomatic expression meaning "except in the case where...".
  2. §46.2.10.prmihi aut Titio stipulatus sim — The perfect subjunctive stipulatus sim introduces a hypothetical situation following excepto eo. The phrase mihi aut Titio (to me or to Titius) is a classic example of an added payment-receiver (solutionis causa adiectus) in Roman law; Titius has the authority to receive payment (recte soluitur) but, not being the creditor, has no authority to effect a novation (novatio).

Cite this passage

Justinian I, The Digest of Justinian §46.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.2.10.pr

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