[IDEM libro quarto ad Plautium. ] §50.17.171.prNemo ideo obligatur, quia recepturus est ab alio quod praestiterit.
[THE SAME, in the fourth book on Plautius.] No one is bound for the reason that he is to recover from another what he has performed.
Justinian I · The Digest of Justinian §50.17.171.pr
No Obligation Arising Solely from Expected Recovery
Summary
Paulus explains that a person does not incur an obligation simply because they are expected to recover what they have performed from another.
Notes
- §50.17.171.prNemo ideo obligatur, quia — The adverb ideo (therefore) and the conjunction quia (because) work correlatively with the negative subject nemo (no one) to express a restriction on the cause: "no one is bound on the ground that..." or "one is not obligated simply because...".
- §50.17.171.prpraestiterit — The third-person singular active of either the perfect subjunctive or the future perfect indicative of praesto (to perform, provide, pay). It represents an action prior to that of the future periphrastic form (recepturus est), denoting "what he will have performed" (or already performed) before the recovery takes place.
Cite this passage
Justinian I, The Digest of Justinian §50.17.171.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.171.pr
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