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Justinian I · The Digest of Justinian §46.3.61.pr

Release of Obligation upon Satisfaction of Creditor

Passage 7716 of 9271 · Latin

Summary

It rules that a release from liability is always available whenever the owed performance reaches the creditor, leaving the creditor with no loss and with no possibility of the paid amount being recovered.

[IDEM libro quinto ad Plautium. ] §46.3.61.prIn perpetuum quotiens id, quod tibi debeam, ad te peruenit et tibi nihil absit nec quod solutum est repeti possit, competit liberatio.
[THE SAME, in his fifth book on Plautius.] For all time, whenever that which I owe you comes to you, and nothing is lacking to you, and what has been paid cannot be recovered, a release is available.

Notes

  1. §46.3.61.prIn perpetuum — The adverbial phrase `in perpetuum` is placed at the beginning of the sentence to mean "permanently" or "without exception," emphasizing that the legal effect of the main clause `competit liberatio` (a release is available) is recognized consistently and universally.
  2. §46.3.61.prdebeam — The verb `debeam` in the relative clause `quod tibi debeam` (indicating the existence of a debt) is in the present subjunctive. This is because the relative clause characterizes or generalizes "whatever I may owe you" (subjunctive of characteristic), or is assimilated into the hypothetical context of the overarching `quotiens` clause.
  3. §46.3.61.prrepeti possit — The passive infinitive `repeti` (from `repetere`) refers to the exercise of a legal action to recover what was paid (e.g., as undue payment). Therefore, the clause as a whole sets the condition for a release that there must be no possibility of the paid performance being legally clawed back later.

Cite this passage

Justinian I, The Digest of Justinian §46.3.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.61.pr

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