Humanitext Reader

Justinian I · The Digest of Justinian §46.4.19.pr-46.4.19.1

Acceptilatio for Real Obligations and Difference from Receipts

Passage 7783 of 9271 · Latin

Summary

This chunk explains that an acceptilation for an obligation arising from a thing is civilly invalid but defendable by pleas, and distinguishes between an acceptilation (which releases the debtor regardless of payment) and a receipt (which requires payment).

[ULPIANUS libro secundo regularum. ] §46.4.19.prSi accepto latum fuerit ei, qui non uerbis, sed re obligatus est, non liberatur quidem, sed exceptione doli mali uel pacti conuenti se tueri potest.
[ULPIANUS, Rules, Book II] If an acceptilation is made to one who is bound not by words, but by a thing, he is indeed not released, but he can defend himself by the plea of fraud or of an agreed pact.
§46.4.19.1Inter acceptilationem et apocham hoc interest, quod acceptilatione omni modo liberatio contingit, licet pecunia soluta non sit, apocha non alias, quam si pecunia soluta sit.
The difference between an acceptilation and a receipt is this: by an acceptilation, release occurs in any event, even if the money has not been paid; by a receipt, not otherwise than if the money has been paid.

Notes

  1. 46.4.19.prSi accepto latum fuerit — The passive perfect of the idiomatic expression acceptum/accepto ferre (to enter/declare as received). It is used impersonally here to mean "if an acceptilation is made", with the dative ei indicating the debtor.
  2. 46.4.19.prnon uerbis, sed re obligatus est — A contrast between modes of obligation in Roman law (verbally, uerbis, vs. by a thing, re). Since acceptilation is a formal act to release verbal contracts, it does not release a real obligation under civil law (non liberatur quidem). However, the praetorian law protects the debtor (se tueri potest) through the plea of fraud (exceptio doli) or agreed pact (exceptio pacti) based on the substantive agreement.
  3. 46.4.19.1non alias, quam si — A correlative construction meaning "not otherwise than if" (only if). In the second clause concerning the apocha (receipt), the verb phrase liberatio contingit (release occurs) is elliptically omitted from the first clause: "by a receipt, [release occurs] not otherwise than if the money has been paid."

Cite this passage

Justinian I, The Digest of Justinian §46.4.19.pr-46.4.19.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.4.19.pr-46.4.19.1

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.