Humanitext Reader

Justinian I · The Digest of Justinian §46.4.6.pr

Effect of General Acceptilatio over Multiple Stipulations

Passage 7770 of 9271 · Latin

Summary

Discusses the scope of effect when an acceptilatio (release of debt) is made using general terms where multiple stipulations exist. If the intent of the parties is clear, only that specific obligation is extinguished; if not, all are released, provided that any disagreement between what was acknowledged and what was requested renders the release void.

[IDEM libro quadragensimo septimo ad Sabinum. ] §46.4.6.prPluribus stipulationibus factis si promissor ita accepto rogasset: 'quod ego tibi promisi, habesne acceptum?', si quidem apparet, quid actum est, id solum per acceptilationem sublatum est: si non apparet, omnes stipulationes solutae sunt: dummodo illud sciamus, si ego aliud accepto tuli, aliud tu rogasti, nihil ualere acceptilationem.
[The same in the forty-seventh book on Sabinus.] When several stipulations have been made, if the promisor should ask for release in this way: "Do you hold as received that which I promised you?", if indeed it is clear what was intended, that alone is extinguished by the acceptilatio; if it is not clear, all the stipulations are released; provided that we bear this in mind, that if I have acknowledged one thing as received and you have asked for another, the acceptilatio is of no validity.

Notes

  1. §46.4.6.prPluribus stipulationibus factis — Ablative absolute, setting up the background condition: "When several stipulations have been made."
  2. §46.4.6.prquid actum est — Literally "what was done", but in a legal context, it refers to "what was intended" or "what was agreed upon" by the parties.
  3. §46.4.6.prdummodo illud sciamus — A restrictive clause with the present subjunctive sciamus, meaning "provided that we bear this in mind" or "only on the condition that we know", introducing a reservation regarding the invalidity of the release in case of disagreement.
  4. §46.4.6.praliud accepto tuli, aliud tu rogasti — Refers to the lack of consensus (dissensus) which invalidates the acceptilatio. If the object acknowledged as received by the creditor (accepto ferre) does not match the object asked for by the debtor (rogare), the release is void (nihil valere).

Cite this passage

Justinian I, The Digest of Justinian §46.4.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.4.6.pr

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