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Justinian I · The Digest of Justinian §46.3.106.pr

Creditor's Prohibition of Payment to a Third Party

Passage 7762 of 9271 · Latin

Summary

Gaius explains that the effect of a creditor's prohibition on the validity of a payment to a third party differs depending on whether the payment is based on the right of the stipulation or on the creditor's subsequent permission.

[GAIUS libro secundo de uerborum obligationibus. ] §46.3.106.prAliud est iure stipulationis Titio solui posse, aliud postea permissu meo id contingere.
[GAIUS, in the second book on verbal obligations.] It is one thing for payment to be capable of being made to Titius by the right of the stipulation, and another for this to happen afterwards by my permission.
nam cui iure stipulationis recte soluitur, ei etiam prohibente me recte solui potest: cui uero alias permisero solui, ei non recte soluitur, si, priusquam solueretur, denuntiauerim promissori, ne ei solueretur.
For in the case of one to whom payment is rightly made by the right of the stipulation, payment can be rightly made to him even if I forbid it; but in the case of one to whom I have otherwise permitted payment to be made, payment is not rightly made to him if, before it was made, I had notified the promisor that payment should not be made to him.

Notes

  1. §46.3.106.prAliud est ... aliud ... — A construction contrasting two distinct situations. Two infinitive clauses, 'iure stipulationis Titio solui posse' (payment being able to be made to Titius by the right of the stipulation) and 'postea permissu meo id contingere' (this happening afterwards by my permission), serve as the subjects of each 'aliud'.
  2. §46.3.106.prprohibente me — An ablative absolute construction consisting of the pronoun 'me' and the present participle 'prohibente'. In this context, it is interpreted as having a concessive force ('even if I forbid it').
  3. §46.3.106.prcui uero alias permisero solui — The relative pronoun 'cui' (dative) either implies its antecedent or anticipates the subsequent 'ei'. The adverb 'alias' refers to a method other than the previously mentioned right of stipulation (i.e., a simple post-facto authorization by the creditor).

Cite this passage

Justinian I, The Digest of Justinian §46.3.106.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.106.pr

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