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Justinian I · The Digest of Justinian §46.2.21.pr

Order to Pay a Third Party and Novation by Stipulation

Passage 7642 of 9271 · Latin

Summary

Explains that even if a creditor orders their debtor to pay a third party, that third party cannot immediately novate the debt by means of a stipulation.

[POMPONIUS libro primo ex Plautio. ] §46.2.21.prSi debitorem meum iussero tibi soluere, non statim tu etiam stipulando id nouare possis, quamuis debitor soluendo tibi liberaretur.
[POMPONIUS, On Plautius, Book 1.] If I order my debtor to pay you, you would not immediately be able to novate that debt by stipulating, even though the debtor would be released by paying you.

Notes

  1. §46.2.21.prpossis — Second person singular present subjunctive. It functions as a potential subjunctive with an indefinite subject ('you' in a general sense), expressing a qualified negation of possibility.
  2. §46.2.21.prliberaretur — Imperfect subjunctive. Governed by the concessive conjunction quamuis, it expresses a hypothetical concession ('even though he would be released') in relation to the main clause's present time frame.

Cite this passage

Justinian I, The Digest of Justinian §46.2.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.2.21.pr

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