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Justinian I · The Digest of Justinian §50.17.31.pr

Inability of Contracts to Alter Past Facts or the Impossible

Passage 9091 of 9271 · Latin

Summary

It is argued that neither agreements nor stipulations can undo an established fact, and that impossible matters cannot be included in them to produce a valid action or effect.

[IDEM libro quadragensimo secundo ad Sabinum. ] §50.17.31.prUerum est neque pacta neque stipulationes factum posse tollere: quod enim impossibile est, neque pacto neque stipulatione potest comprehendi, ut utilem actionem aut factum efficere possit.
[THE SAME, in his forty-second book on Sabinus.] It is true that neither agreements nor stipulations can undo a fact; for what is impossible cannot be comprised in an agreement or a stipulation, so as to be able to produce a valid action or fact.

Notes

  1. §50.17.31.prfactum — Here, factum means 'what has been done' or 'an established fact.' It points to the principle that a fact which has physically or historically occurred cannot be retroactively undone or obliterated by legal means such as agreements or stipulations.
  2. §50.17.31.prut utilem actionem aut factum efficere possit — The ut clause expresses either result ('so as to...') or purpose ('in order that...') modifying potest comprehendi. Additionally, utilem actionem is not used here as a technical term for a specific Roman law remedy (actio utilis), but in its general adjectival sense meaning 'an effective or valid action.'

Cite this passage

Justinian I, The Digest of Justinian §50.17.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.31.pr

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