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Justinian I · The Digest of Justinian §46.3.51.pr

Discharge by Payment to Dismissed Manager in Good Faith

Passage 7706 of 9271 · Latin

Summary

It explains that if payment is made to a dismissed business manager without the debtor's knowledge, the debtor is legally released from liability as long as they were unaware of the change in the master's will.

[IDEM libro nono ad edictum. ] §46.3.51.prDispensatori, qui ignorante debitore remotus est ab actu, recte soluitur: ex uoluntate enim domini ei soluitur, quam si nescit mutatam, qui soluit liberatur.
[THE SAME in his ninth book on the Edict.] Payment is rightly made to a dispensator who has been removed from his office without the debtor's knowledge; for payment is made to him in accordance with the will of the master, and if the one who pays does not know that this will has been changed, he is released.

Notes

  1. §46.3.51.prignorante debitore — An ablative absolute construction consisting of the noun debitore and the present participle ignorante, meaning "while the debtor is ignorant" or "without the debtor's knowledge."
  2. §46.3.51.prquam si nescit mutatam — A relative connection where the feminine accusative singular quam refers back to the antecedent uoluntate in the preceding clause. It acts as the subject accusative of the infinitive clause quam mutatam [esse] ("that this will had been changed"), which is the object of nescit. The subject of nescit is the following qui soluit.

Cite this passage

Justinian I, The Digest of Justinian §46.3.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.51.pr

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