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Justinian I · The Digest of Justinian §46.3.55.pr

Invalidity of Payment Conditioned on Return

Passage 7710 of 9271 · Latin

Summary

A payment made with the intention of receiving it back does not liberate the debtor, just as money delivered on the condition of being returned is not alienated.

[ULPIANUS libro sexagensimo primo ad edictum. ] §46.3.55.prQui sic soluit, ut reciperet, non liberatur, quemadmodum non alienantur nummi, qui sic dantur, ut recipiantur.
[ULPIANUS in his sixty-first book on the Edict.] He who pays in such a manner that he is to receive it back, is not liberated; just as money which is given in such a manner that it is to be received back, is not alienated.

Notes

  1. §46.3.55.prsic soluit, ut reciperet — The main verb `soluit` is interpreted as a perfect (or historical present) because the subsequent subjunctive `reciperet` is in the imperfect, following the rule of sequence of tenses. The construction `sic ... ut` expresses a condition or intention ('on the condition that', 'with the intention of') rather than a mere result. This contrasts with the second half of the sentence, which uses the present indicative `dantur` and present subjunctive `recipiantur`.

Cite this passage

Justinian I, The Digest of Justinian §46.3.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.55.pr

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