Justinian I · The Digest of Justinian §5.1.35.pr

Prohibition of Trial for Future Debts and Suretyship

Passage 916 of 9271 · Latin

Summary

Explains the legal principle that while a surety's obligation can be established in advance for a future debt, a trial cannot be initiated in suspense or for a debt that has not yet arisen.

[IDEM libro decimo epistularum. ] §5.1.35.prNon quemadmodum fideiussoris obligatio in pendenti potest esse et uel in futurum concipi, ita iudicium in pendenti potest esse uel de his rebus quae postea in obligationem aduenturae sunt.

[THE SAME, Letters, Book X.] Just as the obligation of a surety can be in suspense and even be contracted for the future, a trial cannot in the same way be in suspense, or be brought concerning those things which are later to become an obligation.

nam neminem puto dubitaturum, quin fideiussor ante obligationem rei accipi possit: iudicium uero, antequam aliquid debeatur, non posse.

For I think no one will doubt that a surety can be accepted before the obligation of the principal debtor; but a trial, indeed, cannot be brought before something is owed.

Notes

§5.1.35.prrei — Here, 'reus' refers to the 'principal debtor' (reus promittendi) as opposed to the surety (fideiussor). Therefore, the genitive 'rei' means 'of the principal debtor.'
§5.1.35.prnon posse — While the preceding clause is governed by 'quin' with the subjunctive 'possit', the structure shifts after 'iudicium uero' into an accusative and infinitive construction (subject accusative 'iudicium' and infinitive 'posse') governed by 'puto'. Semantically, an infinitive like 'accipi' (to be accepted) or 'in pendenti esse' (to be in suspense) is understood.

Cite this passage

Justinian I, The Digest of Justinian §5.1.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.35.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.