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Justinian I · The Digest of Justinian §46.2.3.pr

Novation Restrictions on Persons Interdicted from Property

Passage 7624 of 9271 · Latin

Summary

Pomponius states that a person interdicted from their property cannot novate an obligation unless that act improves their legal and financial condition.

[POMPONIUS libro primo ad Sabinum. ] §46.2.3.prCui bonis interdictum est, nouare obligationem suam non potest, nisi meliorem suam condicionem fecerit.
[POMPONIUS, in the first book on Sabinus.] A person who has been interdicted from his property cannot novate his obligation, unless he makes his condition better.

Notes

  1. §46.2.3.prCui bonis interdictum est — The verb interdicere takes a dative of the person and an ablative of the thing ("to forbid someone from something"). In the passive voice, it is used impersonally (interdictum est) with the dative retained. The relative pronoun cui is in the dative, and its antecedent (such as the demonstrative pronoun ei) is omitted, allowing the entire relative clause to function as the subject of the main verb potest.
  2. §46.2.3.prnisi meliorem suam condicionem fecerit — fecerit is in the future perfect indicative. Since a person interdicted from managing their property is prohibited from novating obligations to prevent detrimental changes to their estate, this exception allows them to do so only if the act improves their legal or financial standing (such as releasing them from a debt without incurring new liabilities).

Cite this passage

Justinian I, The Digest of Justinian §46.2.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.2.3.pr

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