Justinian I · The Digest of Justinian §46.2.5.pr

Novation of Obligations with a Time Limit and Its Actions

Passage 7626 of 9271 · Latin

Summary

Ulpian states that an obligation subject to a time limit can be novated before the day arrives, and that while a stipulation with a time limit effects a novation, no action can be brought on it until the limit expires.

[IDEM libro trigensimo quarto ad Sabinum. ] §46.2.5.prIn diem obligatio nouari potest et prius quam dies aduenerit.

[THE SAME, in the thirty-fourth book on Sabinus.] An obligation subject to a time limit can be novated even before the day arrives.

et generaliter constat et stipulatione in diem facta nouationem contingere, sed non statim ex ea stipulatione agi posse, antequam dies uenerit.

And it is generally established that a novation also occurs when a stipulation is made subject to a time limit, but that an action cannot be brought immediately on that stipulation before the day arrives.

Notes

§46.2.5.prin diem — The phrase in diem means "subject to a time limit" or "with a future date of performance." Thus, in diem obligatio is an obligation subject to a time limit, and stipulatione in diem facta is a stipulation made with a time limit.
§46.2.5.prconstat — The impersonal verb constat ("it is established") governs two accusative with infinitive (A.C.I.) clauses as its subjects: nouationem contingere ("that a novation occurs") and non... agi posse ("that an action cannot be brought").
§46.2.5.pragi — The present passive infinitive of agere ("to bring an action"), used here impersonally to mean "an action is brought." Combined with the auxiliary posse, it means "an action can be brought."

Cite this passage

Justinian I, The Digest of Justinian §46.2.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.2.5.pr

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