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Justinian I · The Digest of Justinian §46.8.1.pr

Forfeiture of Ratification Stipulation upon Non-Ratification

Passage 7832 of 9271 · Latin

Summary

This section explains the legal principle that if a principal fails to ratify litigation conducted by an agent, and consequently a surety or partner is sued by the principal, the stipulation for ratification is forfeited.

[PAPINIANUS libro uicensimo octauo quaestionum. ] §46.8.1.prCum quis de rato stipularetur: quamuis non idem, sed alius a domino conueniretur, qui conueniri non posset, si ratum habuisset, committi stipulationem placuit, ueluti si cum fideiussor aut alter ex reis promittendi, qui socius est, conuenitur.
[PAPINIANUS, Questions, Book XXVIII.] When someone has stipulated for ratification: although not the same person, but another is sued by the principal—one who could not have been sued if the principal had ratified—it has been held that the stipulation is forfeited, as for example if a surety or one of the co-promisors who is a partner is sued.

Notes

  1. §46.8.1.prde rato — A technical legal term referring to the 'stipulatio de rato habendo' (a security for ratification). It is a guarantee given to the defendant when an agent brings a lawsuit, ensuring that the principal will ratify the agent's actions and not sue again.
  2. §46.8.1.pra domino — Expresses the agent of the passive verb 'conueniretur' (is sued). 'Dominus' here refers to the 'principal' who appointed the agent.
  3. §46.8.1.prsi ratum habuisset — A conditional clause in the pluperfect subjunctive, with the omitted subject being 'dominus' (the principal). It represents a counterfactual condition: 'if the principal had ratified (the surety or co-promisor would not have been sued)'.
  4. §46.8.1.prcommitti — A technical legal term meaning that the conditions of a security or stipulation are forfeited or breached, thereby rendering the penalty or guarantee enforceable.

Cite this passage

Justinian I, The Digest of Justinian §46.8.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.8.1.pr

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