Humanitext Reader

Justinian I · The Digest of Justinian §46.3.2.pr

Timing of Payment Allocation and Parties' Freedom

Passage 7657 of 9271 · Latin

Summary

It specifies that the determination of payment allocation must be made while the transaction is still in progress, ensuring that either party retains the freedom to reject or withdraw if they wish the payment to be applied to another account.

[FLORENTINUS libro octauo institutionum. ] §46.3.2.prdum in re agenda hoc fiat, ut uel creditori liberum sit non accipere uel debitori non dare, si alio nomine exsolutum quis eorum uelit:
[FLORENTINUS libro octauo institutionum.]\n\nprovided that this is done while the transaction is being carried out, so that it is free for either the creditor not to accept or for the debtor not to pay, if either of them should wish the payment to be made under another title:

Notes

  1. §46.3.2.prdum — Introduces a restrictive or conditional clause ('provided that', 'so long as') with the subjunctive 'fiat', qualifying the rule stated in the preceding passage of Ulpian that the allocation of payment must be made immediately.
  2. §46.3.2.prin re agenda — Composed of the preposition 'in' and the ablative noun 're' agreed with the gerundive 'agenda', meaning 'while the transaction is being carried out' or 'in the course of the business'.
  3. §46.3.2.prexsolutum — An ellipsis of 'esse' from the perfect passive infinitive 'exsolutum esse', whose subject accusative (such as the debt or payment) is also omitted from the context.

Cite this passage

Justinian I, The Digest of Justinian §46.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.2.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.