Humanitext Reader

Justinian I · The Digest of Justinian §50.16.61.pr

When Security Provision Includes a Bare Promise

Passage 8875 of 9271 · Latin

Summary

Paulus explains that the term 'satisdatio' (provision of security) can sometimes include a 'repromissio' (solemn promise without guarantors), provided that the creditor to whom the security was owed was satisfied with it.

[PAULUS libro sexagensimo quinto ad edictum. ] §50.16.61.pr'Satisdationis' appellatione interdum etiam repromissio continebitur, qua contentus fuit is, cui satisdatio debebatur.
[PAULUS on the Edict, book 65.] Under the designation of 'satisdatio', sometimes even a 'repromissio' will be included, with which he to whom the 'satisdatio' was owed was satisfied.

Notes

  1. §50.16.61.prrepromissio — In Roman law, while 'satisdatio' (provision of security) typically involves providing third-party guarantors, 'repromissio' refers to a sole promise made by the debtor themselves without any guarantors. Here, it is stated that if the creditor is satisfied with it, the latter can also be included in the broader concept of 'satisdatio'.
  2. §50.16.61.prqua contentus fuit — The ablative relative pronoun `qua` (feminine singular) has `repromissio` as its antecedent. It is in the ablative case because the adjective `contentus` (satisfied, content) governs the ablative.
  3. §50.16.61.prcui satisdatio debebatur — The dative relative pronoun `cui` is the dative complement of the passive verb `debebatur` (was owed). It literally translates to "he to whom the 'satisdatio' was owed," referring to the creditor who was entitled to receive the security.

Cite this passage

Justinian I, The Digest of Justinian §50.16.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.61.pr

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