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Justinian I · The Digest of Justinian §46.3.3.pr-46.3.3.1

Prohibition of Reallocation and Presumption for Onerous Debts

Passage 7658 of 9271 · Latin

Summary

It explains that the allocation of payment cannot be changed after the transaction, and in the absence of agreement, payment is deemed to be allocated to the most burdensome debt or the debt that has already matured.

[ULPIANUS libro quadragensimo tertio ad Sabinum. ] §46.3.3.prceterum postea non permittitur.
[ULPIANUS libro quadragensimo tertio ad Sabinum.] But afterwards it is not permitted.
haec res efficiet, ut in duriorem causam semper uideatur sibi debere accepto ferre: ita enim et in suo constitueret nomine.
This fact will have the effect that the creditor is always deemed to be obliged to enter a receipt of payment for the more burdensome debt: for in this way he would also determine it in his own case.
§46.3.3.1Quod si forte a neutro dictum sit, in his quidem nominibus, quae diem habuerunt, id uidetur solutum, cuius dies uenit:
But if by chance nothing was specified by either party, among those debts which had a set date, that one is deemed to have been paid whose date has arrived:

Notes

  1. §46.3.3.praccepto ferre — A technical bookkeeping and legal term meaning to enter a receipt of payment in the account book. Here it refers to the creditor's acknowledging and treating the payment as received.
  2. §46.3.3.prin suo constitueret nomine — Referring to 'in his own name/debt' regarding nomen (an entry or debt in account books). The imperfect subjunctive constitueret carries a counterfactual nuance, implying how he would have determined it if he himself were the debtor in his own case.
  3. §46.3.3.1nominibus — Although nomen literally means 'name', in Roman law and accounting contexts it refers to an 'entry', 'debt', or 'claim' recorded in an account book. Here, in the plural, it refers to multiple distinct debts.

Cite this passage

Justinian I, The Digest of Justinian §46.3.3.pr-46.3.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.3.pr-46.3.3.1

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