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Justinian I · The Digest of Justinian §46.5.10.pr

Change of Security Term and Defense to the Prior Stipulation

Passage 7797 of 9271 · Latin

Summary

Ulpian responds that if a governor changes the term of security from three years to a long period, he is deemed to have created a defense for those bound by the first stipulation, as he intended to depart from it entirely.

[ULPIANUS libro primo responsorum. ] §46.5.10.prUaleriano respondit: si praeses, qui ante in triennium caueri iusserat, postea in longum tempus caueri praecepit: quia a prima stipulatione prorsus discedi uoluerat, exceptionem primae stipulationi obligatis peperisse uidetur.
[ULPIANUS, Responses, Book I] He responded to Valerianus: if a governor, who had previously ordered security to be given for a three-year period, subsequently commanded security to be given for a long period: because he had wished to depart entirely from the first stipulation, he is deemed to have created a defense for those bound by the first stipulation.

Notes

  1. §46.5.10.prcaueri — Present passive infinitive of caveo. It is used impersonally here to mean "security to be given" (or "caution to be provided"), functioning as the object infinitive after iusserat and praecepit.
  2. §46.5.10.prdiscedi — Present impersonal passive infinitive of the intransitive verb discedo. The phrase 'a prima stipulatione discedi' means 'the first stipulation to be departed from' (i.e., departing from it), serving as the complement of voluerat.
  3. §46.5.10.probligatis — Dative plural masculine of obligatus (perfect passive participle of obligo), used substantively. It functions as a dative of advantage/disadvantage with peperisse (to have produced [a defense] for those bound). The phrase primae stipulationi is a dative governed by obligatis.

Cite this passage

Justinian I, The Digest of Justinian §46.5.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.5.10.pr

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