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Justinian I · The Digest of Justinian §46.8.5.pr

Ratification by Conduct and Pursuing Procurators' Actions

Passage 7836 of 9271 · Latin

Summary

Scaevola explains that ratification can occur through conduct as well as words, and that if a principal pursues and approves a lawsuit started by a procurator, the stipulation of ratification is not violated.

[IDEM libro quinto responsorum. ] §46.8.5.prRespondit non tantum uerbis ratum haberi posse, sed etiam actu: denique si eam litem, quam procurator inchoasset, dominus comprobans persequeretur, non esse commissam stipulationem.
[THE SAME, Opinions, Book V.] He replied that ratification can be made not only by words, but also by conduct; consequently, if the principal, approving of it, should pursue the lawsuit which the procurator had commenced, the stipulation is not forfeited.

Notes

  1. §46.8.5.prratum haberi — The present passive infinitive of the transitive phrase ratum habere (to ratify). It is used here in an impersonal sense or with an implied subject to mean "to be ratified".
  2. §46.8.5.prnon esse commissam stipulationem — The perfect passive infinitive (in indirect discourse) of stipulationem committere (to forfeit a stipulation or to trigger the penalty). Since the principal's pursuit of the lawsuit (persequeretur) implies ratification, the stipulation (of ratification) is not breached, meaning no liability on the security arises.

Cite this passage

Justinian I, The Digest of Justinian §46.8.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.8.5.pr

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