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Justinian I · The Digest of Justinian §46.3.86.pr

Payment to a Procurator and Authority to Receive

Passage 7741 of 9271 · Latin

Summary

Paulus explains that payment to a litigation procurator is generally invalid, but the debtor is released if the procurator was specifically authorized to receive payment.

[PAULUS libro octauo ad edictum. ] §46.3.86.prHoc iure utimur, ut litis procuratori non recte soluatur: nam et absurdum est, cui iudicati actio non datur, ei ante rem iudicatam solui posse.
[PAULUS, in the eighth book on the Edict.] We observe this rule of law, that payment is not properly made to a procurator in a lawsuit: for indeed it is absurd that payment can be made before judgment to one to whom the action on the judgment is not granted.
si tamen ad hoc datus sit, ut et solui possit, soluendo eo liberabitur.
If, however, he has been appointed for this purpose, namely that payment can also be made to him, the debtor will be released by paying him.

Notes

  1. §46.3.86.prut litis procuratori non recte soluatur — A noun-equivalent ut-clause, explaining the specific content of the phrase "hoc iure" in the preceding clause. The subjunctive present passive 3rd person singular is used impersonally (soluatur).
  2. §46.3.86.prcui iudicati actio non datur, ei — An inversion of the relative clause where the relative clause starting with "cui..." precedes the resumptive pronoun "ei" in the main infinitive clause. Syntactically, "ei" serves as the dative object of "solui" in the phrase "ei... solui posse".
  3. §46.3.86.prsoluendo eo — A gerundive construction where the ablative of the gerundive "soluendo" agrees with the ablative pronoun "eo". It functions as an ablative of means, meaning "by paying him".

Cite this passage

Justinian I, The Digest of Justinian §46.3.86.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.86.pr

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