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Justinian I · The Digest of Justinian §46.5.5.pr

Praetorian Stipulations by Agents and Grant of Actions

Passage 7792 of 9271 · Latin

Summary

This section addresses the praetorian stipulations concluded through agents (procurators or managers), regulating the grant of actions and the praetor's intervention to protect the principal's property from loss.

[IDEM libro quadragensimo octauo ad edictum. ] §46.5.5.prIn omnibus praetoriis stipulationibus hoc seruandum est, ut, si procurator meus stipuletur, mihi causa cognita ex ea stipulatione actio competat.
[THE SAME, on the Edict, Book XLVIII] In all praetorian stipulations this must be observed: that if my procurator enters into a stipulation, an action from that stipulation shall, after an inquiry into the case, belong to me.
idem est et cum institor in ea causa esse coepit, ut interposita persona eius dominus mercis rem amissurus sit, ueluti bonis eius uenditis: succurrere enim domino praetor debet.
The same holds also when a manager begins to be in such a situation that, through the intervention of his person, the owner of the goods is about to lose the property, for instance, if the manager's property has been sold; for the praetor ought to succour the owner.

Notes

  1. §46.5.5.prcausa cognita — An ablative absolute meaning "after the case has been investigated." It indicates that the praetor grants an action to the principal only after an inquiry into the specific circumstances of the transaction.
  2. §46.5.5.printerposita persona eius — An ablative absolute, literally "his person having been interposed." Here, eius refers to the manager (institor), describing the legal risk arising because the agent, rather than the principal, acts as the immediate party to the transaction.
  3. §46.5.5.prbonis eius uenditis — An ablative absolute, where eius refers again to the manager (institor). It refers to the compulsory civil execution procedure (bonorum venditio) where the insolvent manager's entire property is sold off for the benefit of creditors.

Cite this passage

Justinian I, The Digest of Justinian §46.5.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.5.5.pr

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