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Justinian I · The Digest of Justinian §46.4.21.pr

Novation of Conditional Legacy and Early Acceptilatio

Passage 7785 of 9271 · Latin

Summary

Presents the opinion of Nerva the Younger that if a conditional legacy is stipulated for by way of novation and then released before the condition is fulfilled, neither the action under the will nor that under the stipulation arises.

[UENULEIUS libro undecimo stipulationum. ] §46.4.21.prSi sub condicione legatum mihi datum nouandi causa stipulatus sum et ante existentem condicionem acceptum fecero, Nerua filius ait, etiamsi condicio extiterit, neque ex testamento competituram actionem, quia nouatio facta sit, neque ex stipulatu, quae acceptilatione soluta sit.
[VENULEIUS, On Stipulations, Book XI] If I have stipulated for a legacy left to me under a condition, for the purpose of novation, and before the condition is fulfilled I have granted a release, Nerva the Younger says that even if the condition should be fulfilled, neither the action on the testament will be available, because a novation has been effected, nor the action on the stipulation, since it has been dissolved by the release.

Notes

  1. §46.4.21.prcompetituram — A future active participle with esse omitted, functioning as a future infinitive. It serves as the predicate verb in the accusative with infinitive construction (indirect speech) governed by the main verb ait (says), with actionem as its subject.
  2. §46.4.21.prquae — A relative pronoun in the feminine nominative singular. Its antecedent is the feminine noun stipulatio (stipulation), which is implied in the preceding phrase ex stipulatu (from the stipulation), or the earlier actionem. It explains that the stipulation (or action) was dissolved by the release.

Cite this passage

Justinian I, The Digest of Justinian §46.4.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.4.21.pr

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