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Justinian I · The Digest of Justinian §46.4.23.pr

Unilateral Acceptilatio and Unperformed Bilateral Contracts

Passage 7787 of 9271 · Latin

Summary

Labeo states that granting a release does not free oneself from an obligation, but Paul adds an exception that in unperformed bilateral contracts, a release from one side frees both parties.

[LABEO libro quinto pithanon a Paulo epitomatorum. ] §46.4.23.prSi ego tibi acceptum feci, nihilo magis ego a te liberatus sum.
[LABEO, Epitomized by Paul, On Probabilities, Book V] If I have granted a release to you, I am not at all the more released from you.
PAULUS: immo cum locatio conductio, emptio uenditio conuentione facta est et nondum res intercessit, utrimque per acceptilationem, tametsi ab alterutra parte dumtaxat intercessit, liberantur obligatione.
PAULUS: On the contrary, when a lease or a sale has been contracted by agreement, and performance has not yet taken place, both parties are released from their obligation by an acceptilatio, even if it was granted by only one side.

Notes

  1. §46.4.23.prnihilo magis — The ablative nihilo with the comparative magis ("by nothing the more") expresses a strong negation, meaning "none the more because of that."
  2. §46.4.23.prnondum res intercessit — "The matter has not yet intervened," referring to a state in a bilateral contract where performance (such as delivery or payment) has not yet taken place.
  3. §46.4.23.prtametsi ab alterutra parte dumtaxat intercessit — The subject of the verb intercessit is the preceding acceptilatio. It indicates that in a bilateral contract, the agreement of release (acceptilatio) executed by only one of the parties suffices to extinguish the obligations of both.

Cite this passage

Justinian I, The Digest of Justinian §46.4.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.4.23.pr

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