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Justinian I · The Digest of Justinian §50.17.115.pr-50.17.115.1

Acquisition via Release and Denial of Receipt Barred by Exception

Passage 9175 of 9271 · Latin

Summary

This text explains that release from an obligation can be deemed an acquisition of benefit, whereas one who can be barred by an exception after a stipulation is not deemed to have received anything.

[IDEM libro decimo ad edictum. ] §50.17.115.prSi quis obligatione liberatus sit, potest uideri cepisse.
[The same, in the tenth book on the edict.] If anyone has been released from an obligation, he can be deemed to have acquired.
§50.17.115.1Non potest uideri accepisse, qui stipulatus potest exceptione summoueri.
He cannot be deemed to have received, who, having stipulated, can be barred by an exception.

Notes

  1. §50.17.115.prcepisse — Perfect infinitive of the verb capere (to take, acquire). It indicates that the passive benefit of being released from an obligation is treated as equivalent to 'acquiring' something. Note the contrast with accepisse in the subsequent section.
  2. §50.17.115.1stipulatus — Perfect participle of the deponent verb stipulor (to stipulate, exact a solemn promise), carrying an active meaning ('having stipulated'). It qualifies the subject of the relative clause introduced by qui.
  3. §50.17.115.1exceptione summoueri — summoueri is the present passive infinitive, which, accompanied by the ablative exceptione (by an exception), means 'to be barred or removed by an exception'. It refers to a situation where, although a formal stipulation has been made, the claim can be effectively defeated by a legal plea or defence.

Cite this passage

Justinian I, The Digest of Justinian §50.17.115.pr-50.17.115.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.115.pr-50.17.115.1

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