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Justinian I · The Digest of Justinian §46.4.16.pr-46.4.16.1

Effect of Acceptilatio on Joint Debtors and Sureties

Passage 7780 of 9271 · Latin

Summary

This fragment explains that a verbal release granted to one of several joint debtors releases the others as well because it has the effect of payment, and that a release granted to a surety for a judgment debt also releases the judgment debtor.

[ULPIANUS libro septimo disputationum. ] §46.4.16.prSi ex pluribus obligatis uni accepto feratur, non ipse solus liberatur, sed et hi, qui secum obligantur: nam cum ex duobus pluribusque eiusdem obligationis participibus uni accepto fertur, ceteri quoque liberantur, non quoniam ipsis accepto latum est, sed quoniam uelut soluisse uidetur is, qui acceptilatione solutus est.
[ULPIAN, Disputations, Book VII] If a release is given to one of several joint debtors, not only is he himself released, but also those who are bound with him; for when a release is given to one of two or more participants in the same obligation, the others also are released, not because a release was given to them, but because he who was released by acceptilalio is regarded as if he had made payment.
§46.4.16.1Si iudicati fideiussor sit datus acceptus eique accepto latum sit, liberabitur et iudicatus.
If a surety for a judgment debt has been given and accepted, and a release is given to him, the judgment debtor also will be released.

Notes

  1. §46.4.16.pruni accepto feratur — uni (dative) indicates the recipient of the verbal release, and accepto feratur is an impersonal passive construction meaning "if a release is given to one..."
  2. §46.4.16.prnon quoniam... sed quoniam uelut soluisse uidetur is — A contrast of causal clauses introduced by non quoniam... sed quoniam... In the latter clause, the perfect infinitive soluisse depends on uidetur, with is (the person released) functioning as its subject, indicating that he is deemed to have made payment.
  3. §46.4.16.1iudicati fideiussor sit datus acceptus — iudicati is the genitive of the substantivized participle iudicatus (the person condemned by judgment), referring to the principal debtor. datus acceptus are perfect passive participles qualifying fideiussor (sharing the auxiliary sit), meaning "given and accepted" as a surety.

Cite this passage

Justinian I, The Digest of Justinian §46.4.16.pr-46.4.16.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.4.16.pr-46.4.16.1

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