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Justinian I · The Digest of Justinian §46.3.30.pr

Creditor's Refusal of Tender and Denial of Action

Passage 7685 of 9271 · Latin

Summary

It explains that if a debtor offers the money claimed and the creditor refuses to accept it, the praetor will deny the creditor the right to bring an action.

[IDEM libro quinquagensimo primo ad edictum. ] §46.3.30.prSi debitor offerret pecuniam, quae peteretur, creditor nollet accipere, praetor ei denegat actiones.
[THE SAME in the fifty-first book on the Edict.] If a debtor offered the money which was claimed, and the creditor refused to accept it, the praetor denies actions to him.

Notes

  1. §46.3.30.profferret ... nollet — Subjunctive imperfect. These verbs set up a hypothetical situation in the conditional clause. Combined with the indicative present (denegat) in the main clause, they express a general legal consequence: "if such a situation were to occur, the praetor denies the action."
  2. §46.3.30.prei — Dative pronoun. It functions as the indirect object of the verb denegat (denies) and refers back to the creditor (creditor) who refused to accept the money.

Cite this passage

Justinian I, The Digest of Justinian §46.3.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.30.pr

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