Humanitext Reader

Justinian I · The Digest of Justinian §46.3.80.pr

Dissolution of Obligations by Corresponding Method

Passage 7735 of 9271 · Latin

Summary

Pomponius explains the principle that an obligation must be dissolved in the same manner as it was contracted, illustrating this with specific types of contracts such as loans, verbal obligations, sales, and leases.

[POMPONIUS libro quarto ad Quintum Mucium. ] §46.3.80.prProut quidque contractum est, ita et solui debet: ut, cum re contraxerimus, re solui debet: ueluti cum mutuum dedimus, ut retro pecuniae tantundem solui debeat.
[POMPONIUS, in the fourth book on Quintus Mucius.] According as each obligation has been contracted, so also ought it to be dissolved: as, when we have contracted by a thing, it ought to be dissolved by a thing: as for instance when we have given a loan, so that an equivalent amount of money ought to be paid back.
et cum uerbis aliquid contraximus, uel re uel uerbis obligatio solui debet, uerbis, ueluti cum acceptum promissori fit, re, ueluti cum soluit quod promisit.
And when we have contracted something by words, the obligation ought to be dissolved either by a thing or by words; by words, as for instance when a formal release is made to the promisor; by a thing, as for instance when he performs what he promised.
aeque cum emptio uel uenditio uel locatio contracta est, quoniam consensu nudo contrahi potest, etiam dissensu contrario dissolui potest.
In like manner, when a sale or purchase or a letting has been contracted, since it can be contracted by bare consent, it can also be dissolved by contrary dissent.

Notes

  1. §46.3.80.prprout... ita — Expresses a correlation meaning "according as... so...". It highlights the principle of symmetry between the mode of contracting and the mode of dissolving an obligation.
  2. §46.3.80.pracceptum promissori fit — An impersonal passive expression using the legal technical phrase `acceptum facere` (to acknowledge receipt, i.e., to formally release a verbal obligation). `promissori` (to the promisor) is in the dative.
  3. §46.3.80.prdissensu contrario — Ablative of means. It indicates that contracts established by bare consent (such as sale and lease) can be dissolved by "contrary dissent" (mutual withdrawal), which is contrasted with the preceding `consensu nudo`.

Cite this passage

Justinian I, The Digest of Justinian §46.3.80.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.80.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.