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Justinian I · The Digest of Justinian §50.16.176.pr

Scope of the Term Discharge and Satisfaction of Debts

Passage 8990 of 9271 · Latin

Summary

Ulpian explains that the term 'discharge' encompasses all forms of satisfaction, and defines 'discharging' as performing what one has promised to do.

[ULPIANUS libro quadragensimo quinto ad Sabinum. ] §50.16.176.pr'Solutionis' uerbo satisfactionem quoque omnem accipiendam placet.
[ULPIANUS, in the forty-fifth book on Sabinus.] It is held that by the word 'discharge', every kind of satisfaction also should be understood.
'soluere' dicimus eum, qui fecit quod facere promisit.
We say that he has 'discharged' his obligation who has done what he promised to do.

Notes

  1. 50.16.176.praccipiendam placet — The impersonal verb placet (it is held / approved) takes an accusative with infinitive clause as its subject, specifically satisfactionem ... accipiendam [esse] (a gerundive construction where esse is omitted).
  2. 50.16.176.pr'Solutionis' uerbo — uerbo is an ablative of means or place ('by/in the word'). Solutionis is a genitive of definition modifying uerbo.

Cite this passage

Justinian I, The Digest of Justinian §50.16.176.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.176.pr

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