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Justinian I · The Digest of Justinian §46.3.11.pr

Discharge by Payment to an Appointed Minor Ward

Passage 7666 of 9271 · Latin

Summary

If a creditor stipulates for payment to either himself or a pupillus, the debtor is released from his debt by paying to the pupillus, even without the tutor's authorization.

[POMPONIUS libro octauo ad Sabinum. ] §46.3.11.prSi stipulatus fuero 'mihi aut pupillo dare?', promissor, sine tutoris auctoritate soluendo pupillo, liberabitur a me.
[POMPONIUS libro octauo ad Sabinum.] If I shall have stipulated "to give to me or to the pupillus?", the promisor, by paying to the pupillus without the authority of his tutor, will be released from his obligation to me.

Notes

  1. §46.3.11.prsoluendo pupillo — The gerund soluendo (ablative of soluere) expresses means, and pupillo is its dative object. It means "by paying to the pupillus."
  2. §46.3.11.prliberabitur a me — In the construction liberare + ab, a me is not the agent but the ablative of separation. It means "will be released from me" (i.e., from his obligation to me).

Cite this passage

Justinian I, The Digest of Justinian §46.3.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.11.pr

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