Humanitext Reader

Justinian I · The Digest of Justinian §46.4.15.pr

Validity of Acceptilatio Mentioning an Excess Amount

Passage 7779 of 9271 · Latin

Summary

It discusses how, if a debtor asks whether the creditor has received the promised performance along with an additional item, a valid release is still established for the original performance, while the extra mention is considered superfluous.

[POMPONIUS libro uicensimo septimo ad Sabinum. ] §46.4.15.prSi is qui Stichum promisit ita interroget: 'quod Stichum promisi, Stichum et Pamphilum habesne acceptos?', puto recte accepto latum et pro superuacuo Pamphili mentionem factam, quemadmodum si is qui decem promisit ita interroget: 'quod tibi decem promisi, uiginti habesne accepta?', etiam decem nomine erit liberatus.
[POMPONIUS, On Sabinus, Book XXVII.] If a person who promised Stichus should ask: 'Regarding what I promised, namely Stichus, do you hold Stichus and Pamphilus as received?', I think that the release has been properly given and that the mention of Pamphilus was made as superfluous, just as if one who promised ten should ask: 'Regarding what I promised you, namely ten, do you hold twenty as received?', he will be released indeed under the head of ten.

Notes

  1. §46.4.15.praccepto latum — This is an infinitive in the accusative with infinitive construction dependent on the verb puto, with the auxiliary esse omitted (accepto latum esse). accepto ferre (to enter as received, to grant a formal release) is here in the perfect passive infinitive, meaning 'that the release was properly granted'. Likewise, esse is omitted in the subsequent mentionem factam which also depends on puto.
  2. §46.4.15.prpro superuacuo — The preposition pro (as, in the character of) governs the ablative singular neuter of the adjective used substantively, superuacuum (a superfluous thing), meaning 'as superfluous' or 'as redundant'.
  3. §46.4.15.prdecem nomine — nomine is the ablative singular of the noun nomen (name, account, heading), functioning here as an ablative of respect or limitation ('under the head of', 'on account of'). It means that he will be released specifically in respect to the original obligation of 'ten'.

Cite this passage

Justinian I, The Digest of Justinian §46.4.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.4.15.pr

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