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Justinian I · The Digest of Justinian §46.4.7.pr

Validity of Acceptilatio through Concise Formula

Passage 7771 of 9271 · Latin

Summary

This section explains that an acceptilatio can also be validly contracted through a concise formulaic question, "Do you make ten received?", and a corresponding verbal assent.

[IDEM libro quinquagensimo ad Sabinum. ] §46.4.7.prSane et sic acceptilatio fieri potest: 'accepta facis decem?' ille respondit 'facio'.
[The same in the fiftieth book on Sabinus.] To be sure, an acceptilatio can also be made in this way: "Do you make ten received?" and he answers: "I do."

Notes

  1. §46.4.7.praccepta facis — A construction where the numeral decem (neuter plural accusative) functions as the object and accepta (the neuter plural accusative of the adjective acceptus, -a, -um) serves as the predicative complement (or secondary accusative). Meaning "to make ten [received] as received," this is a formulaic expression characteristic of the verbal release of an obligation (acceptilatio).
  2. §46.4.7.pret sic — The conjunction et is used adverbially to modify sic ("in this way"), meaning "also in this way." It indicates that the release is valid even with a more concise formula, not being restricted to the longer phrasing mentioned in the preceding section (§46.4.6.pr).

Cite this passage

Justinian I, The Digest of Justinian §46.4.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.4.7.pr

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