Humanitext Reader

Justinian I · The Digest of Justinian §46.3.15.pr

Payment to a Ward Without Authority and Defense of Fraud

Passage 7670 of 9271 · Latin

Summary

Although payment to a ward or delegation by a ward requires the guardian's authorization, if an invalid payment was made and the money is still in existence, the debtor can defeat the ward's claim by the defense of fraud.

[PAULUS libro sexto ad Sabinum. ] §46.3.15.prPupillo solui sine tutoris auctoritate non potest: sed nec delegare potest, quia nec alienare ullam rem potest.
[PAULUS libro sexto ad Sabinum.] Payment cannot be made to a ward without the authorization of his guardian; but neither can he delegate, because he cannot alienate any property.
si tamen soluerit ei debitor et nummi salui sint, petentem pupillum doli mali exceptione debitor summouebit.
If, however, the debtor pays him and the money is still in existence, the debtor will defeat the ward who brings an action by the defense of fraud.

Notes

  1. §46.3.15.prdelegare — Here, delegare (to delegate) refers to the act (delegatio) where the ward as creditor orders his own debtor to pay a third party. Since this constitutes a de facto disposition of a claim, it is impermissible without the guardian's authorization, parallel to the rule that a ward cannot 'alienate (alienare)' any property.
  2. §46.3.15.prdoli mali exceptione — Defense of fraud (exceptio doli mali). Although a payment made without the guardian's authorization is technically invalid, if the money is still in the ward's possession (nummi salui sint), it is deemed fraudulent (dolus) for the ward to demand payment again. The debtor can defeat the ward's claim by raising this defense.

Cite this passage

Justinian I, The Digest of Justinian §46.3.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.15.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.