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Justinian I · The Digest of Justinian §50.17.161.pr

Fictitious Fulfillment of Conditions Prevented by an Obligor

Passage 9221 of 9271 · Latin

Summary

It explains the legal doctrine of constructive fulfillment of a condition, stating that if a party interested in its non-fulfillment prevents it, the condition is treated as fulfilled, applying to legacies, heir appointments, and stipulations.

[IDEM libro septuagensimo septimo ad edictum. ] §50.17.161.prIn iure ciuili receptum est, quotiens per eum, cuius interest condicionem non impleri, fiat quo minus impleatur, perinde haberi, ac si impleta condicio fuisset.
[THE SAME, in the seventy-seventh book on the edict.] It is accepted in the civil law that, whenever it is brought about by the person who has an interest in the condition not being fulfilled that it is not fulfilled, it is to be held exactly as if the condition had been fulfilled.
quod ad libertatem et legata et ad heredum institutiones perducitur.
This rule is extended to the grant of freedom, legacies, and the institution of heirs.
quibus exemplis stipulationes quoque committuntur, cum per promissorem factum esset, quo minus stipulator condicioni pareret.
Following these examples, stipulations also take effect when it has been brought about by the promisor that the stipulator could not comply with the condition.

Notes

  1. 50.17.161.prcuius interest condicionem non impleri — This is a construction with the impersonal verb interest (it concerns, is of interest to). The party concerned is expressed in the genitive cuius, and the matter of interest is expressed by the accusative and infinitive clause condicionem non impleri (that the condition is not fulfilled).
  2. 50.17.161.prfiat quo minus impleatur — A construction where fieri (passive of facere) is followed by a subjunctive clause introduced by quo minus (lest, so that... not), indicating prevention or hindrance. It means 'it is brought about that it is not fulfilled.' The same structure appears later in cum per promissorem factum esset, quo minus stipulator condicioni pareret.

Cite this passage

Justinian I, The Digest of Justinian §50.17.161.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.161.pr

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