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Justinian I · The Digest of Justinian §46.3.57.pr-46.3.57.1

Limits on Payment Method and Recipient After Litigation

Passage 7712 of 9271 · Latin

Summary

This fragment discusses whether the medium of payment can be changed after an action is brought in a stipulation involving honey, and the limitation on the validity of payment to a third party after litigation has commenced.

[ULPIANUS libro septuagensimo septimo ad edictum. ] §46.3.57.prSi quis stipulatus fuerit 'decem in melle', solui quidem mel potest, antequam ex stipulatu agatur: sed si semel actum sit et petita decem fuerint, amplius mel solui non potest.
[ULPIANUS in his seventy-seventh book on the Edict.] If anyone has stipulated for "ten in honey," the honey indeed can be paid before an action is brought on the stipulation; but if an action has once been brought and the ten has been demanded, the honey can no longer be paid.
§46.3.57.1Item si mihi aut Titio stipulatus fuero dari, deinde petam, amplius Titio solui non potest, quamuis ante litem contestatam posset.
Likewise, if I have stipulated for a payment to be made to myself or to Titius, and then I bring an action, payment can no longer be made to Titius, although it was possible before the joinder of issue.

Notes

  1. §46.3.57.prdecem in melle — Meaning "ten in honey." A formula of stipulation specifying the value as ten (e.g., asses or denarii) but designating honey as the medium of payment.
  2. §46.3.57.prex stipulatu agatur — `ex stipulatu` refers to the action arising from a stipulation. `agatur` is the impersonal passive of `agere` in the present subjunctive, meaning "an action is brought."
  3. §46.3.57.1dari — The present passive infinitive of `dare`. It functions as the object of the stipulation (`stipulatus fuero`), meaning "(something) to be given."
  4. §46.3.57.1ante litem contestatam — The preposition `ante` followed by the noun `lis` and the perfect participle `contestata`. Syntactically analogous to "ab urbe condita," meaning "before the joinder of issue has taken place."

Cite this passage

Justinian I, The Digest of Justinian §46.3.57.pr-46.3.57.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.57.pr-46.3.57.1

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