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Justinian I · The Digest of Justinian §46.3.76.pr

Validity of Assigning Actions and Payment in Guardianship

Passage 7731 of 9271 · Latin

Summary

Modestinus replies concerning the sequence of paying debts and assigning actions in guardianship, stating that an assignment made after payment without prior agreement is void, but if done before payment or following an agreement to assign, the assigned actions remain valid.

[IDEM libro sexto responsorum. ] §46.3.76.prModestinus respondit, si post solutum sine ullo pacto omne, quod ex causa tutelae debeatur, actiones post aliquod interuallum cessae sint, nihil ea sione actum, cum nulla actio superfuerit: quod si ante solutionem hoc factum est uel, cum conuenisset, ut mandarentur actiones, tunc solutio facta esset mandatum subsecutum est, saluas esse mandatas actiones, cum nouissimo quoque casu pretium magis mandatarum actionum solutum quam actio quae fuit perempta uideatur.
[THE SAME, in his sixth book of Responses.] Modestinus replied that if, after everything that was owed on account of guardianship was paid without any agreement, the actions were assigned after some interval of time, nothing was accomplished by that assignment, since no action remained; but if this was done before payment, or if, when it had been agreed that the actions should be assigned, payment was then made and the mandate followed, the assigned actions are preserved, since in the latter case also, the price of the assigned actions is seen to have been paid rather than the action which existed being extinguished.

Notes

  1. §46.3.76.prea sione — Generally understood as a textual corruption for ea cessione (by that assignment/cession). It functions as an ablative of means modifying nihil actum [esse].
  2. §46.3.76.prpretium magis mandatarum actionum solutum quam actio quae fuit perempta uideatur — An accusative-with-infinitive construction governed by uideatur (it seems). The comparison magis... quam... (rather... than...) contrasts the two states: pretium solutum [esse] (the price was paid) and actio perempta [esse] (the action was extinguished).

Cite this passage

Justinian I, The Digest of Justinian §46.3.76.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.76.pr

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