[MARCIANUS libro singulari ad hypothecariam formulam. ] §46.3.49.prSolutam pecuniam intellegimus utique naturaliter, si numerata sit creditori.
[MARCIANUS in his single book on the Hypothecary Formula.] We understand money to have been paid, at all events in a natural sense, if it has been counted out to the creditor.
sed et si iussu eius alii soluatur, uel creditori eius uel futuro debitori uel etiam ei cui donaturus erat, absolui debet.
But also if, by his order, it is paid to another—either to his creditor, or to a future debtor, or even to one to whom he was going to make a donation—the debtor ought to be released.
ratam quoque solutionem si creditor habuerit, idem erit.
Also, if the creditor ratifies the payment, it will be the same.
tutori quoque si soluta sit pecunia uel curatori uel procuratori uel cuilibet successori uel seruo actori, proficiet ei solutio.
Furthermore, if the money has been paid to a tutor, a curator, a procurator, any successor whatsoever, or to a slave who is an agent, the payment will benefit him.
quod si acceptum latum sit, quod stipulationis nomine hypotheca erat obligata uel sine stipulatione accepta sit, solutionis quidem uerbum non proficiet, sed satisdatio sufficit.
But if a formal release has been entered—either because the hypothec was bound under the name of a stipulation and a formal release was given, or it was accepted without a stipulation—the word 'payment' indeed will not apply, but the provision of security is sufficient.