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Justinian I · The Digest of Justinian §46.8.26.pr

Claim for Non-Existent Debt and Procurator's Security

Passage 7857 of 9271 · Latin

Summary

It explains that when a procurator sues for a non-existent debt as if it were due, and later the principal sues for the same, the security stipulation interposed by the procurator is committed.

[AFRICANUS fragmentum incertum. ] §46.8.26.prSi indebitum procurator petit litigatumque de eo est tamquam de debito, stipulatio interposita committitur, cum postea is, cuius nomine procurator egit, id petierit.
[AFRICANUS, fragment of uncertain book.] If a procurator claims what is not due, and it is litigated as if it were due, the stipulation interposed is committed when subsequently the person in whose name the procurator acted claims it.

Notes

  1. §46.8.26.prlitigatumque de eo est — An impersonal passive construction using the perfect passive neuter singular of the verb litigare ("to litigate"). It means "litigation was conducted concerning it," describing the procedural event without specifying a personal subject.
  2. §46.8.26.prcommittitur — A legal technical term meaning that the stipulation is "committed" (i.e., the condition of the stipulation is fulfilled, making the penalty or performance enforceable). In this context, because the principal sued again instead of ratifying, the condition of the security stipulation given by the procurator ("that the principal will ratify") has failed, thereby activating the stipulation's penalty.
  3. §46.8.26.prcum postea is ... petierit — The conjunction cum introduces a temporal clause, and petierit is in the future perfect indicative (or perfect subjunctive), representing the action of the principal that occurs prior to the activation (committitur) of the stipulation.

Cite this passage

Justinian I, The Digest of Justinian §46.8.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.8.26.pr

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