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Justinian I · The Digest of Justinian §46.3.108.pr

Stipulation and Payment Order Effective After Death

Passage 7764 of 9271 · Latin

Summary

Paulus contrasts a stipulation made under a mandate to take effect after death, which remains valid because of the nature of the obligation, with a mere order to a debtor to pay after death, which becomes invalid because a mandate is dissolved by death.

[PAULUS libro secundo manualium. ] §46.3.108.prEi, qui mandatu meo post mortem meam stipulatus est, recte soluitur, quia talis est lex obligationis: ideoque etiam inuito me recte ei soluitur.
[PAULUS, in the second book of the Manuals.] To him who, by my mandate, has entered into a stipulation [to be performed] after my death, payment is properly made, because such is the law of the obligation; and therefore, even against my will, payment is properly made to him.
ei autem, cui iussi debitorem meum post mortem meam soluere, non recte soluitur, quia mandatum morte dissoluitur.
But to him to whom I have ordered my debtor to pay after my death, payment is not properly made, because a mandate is dissolved by death.

Notes

  1. §46.3.108.prlex obligationis — Literally "the law of the obligation." It refers to the fact that once a stipulation is established, its effects are governed by the terms of the contract itself, independently of the ongoing validity of the underlying mandate. Thus, payment to the contract creditor remains valid even after the death of the mandator.
  2. §46.3.108.prinuito me — An ablative absolute of concession consisting of the adjective 'invitus' and the pronoun 'me' ("although I am unwilling" or "against my will"). It emphasizes that because the claim of the established stipulation belongs to the stipulator, the debtor's payment to him is legally valid (recte soluitur) even if the mandator later changes his mind and objects to it.

Cite this passage

Justinian I, The Digest of Justinian §46.3.108.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.108.pr

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