Humanitext Reader

Justinian I · The Digest of Justinian §46.2.27.pr

Novation of Purchase Price via Delegation and Interest Cessation

Passage 7648 of 9271 · Latin

Summary

Explains that if a buyer, upon the seller's delegation, promises the purchase price to a new creditor and a novation occurs, the obligation to pay interest for the subsequent period is extinguished toward both parties.

[PAPINIANUS libro tertio responsorum. ] §46.2.27.prEmptor cum delegante uenditore pecuniam ita promittit: 'quidquid ex uendito dare facere oportet', nouatione secuta usuras neutri post insecuti temporis debet.
[PAPINIANUS, Opinions, Book 3.] When a buyer, upon the seller delegating the debt, promises money in this manner: "whatever ought to be given or done under the sale," since a novation has followed, he owes the interest for the subsequent time to neither of them.

Notes

  1. 46.2.27.prdelegante uenditore — An ablative absolute (or an ablative noun-participle phrase with the preposition cum) indicating that the seller delegates (delegatio) the debt or payment to a third party. Under this arrangement, the buyer (the original debtor) makes a promise (promissit) to the new creditor.
  2. 46.2.27.prneutri — The dative singular of the pronoun neuter ("neither"). It refers to "neither" of the two parties: the seller (uenditor), who is the delegator, and the new creditor, who is the delegatee.
  3. 46.2.27.prpost insecuti temporis — post is used here adverbially ("afterward"), and together with the genitive phrase insecuti temporis ("of the time that followed"), it modifies usuras (interest), meaning "interest for the subsequent period of time."

Cite this passage

Justinian I, The Digest of Justinian §46.2.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.2.27.pr

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