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Justinian I · The Digest of Justinian §50.17.35.pr

Dissolution of Obligations by the Same Manner of Formation

Passage 9095 of 9271 · Latin

Summary

The text explains the principle of symmetry in dissolving obligations, stating that they should be dissolved in the same manner they were contracted, illustrated by verbal and consensual obligations.

[IDEM libro quadragensimo octauo ad Sabinum. ] §50.17.35.prNihil tam naturale est quam eo genere quidque dissoluere, quo colligatum est.
[THE SAME, in his forty-eighth book on Sabinus.] Nothing is so natural as to dissolve each thing by the same class of transaction by which it was bound.
ideo uerborum obligatio uerbis tollitur: nudi consensus obligatio contrario consensu dissoluitur.
Therefore, an obligation of words is extinguished by words; an obligation of bare consent is dissolved by contrary consent.

Notes

  1. §50.17.35.preo genere ... quo colligatum est — The demonstrative eo and the relative quo are used correlatively (both in the ablative of means/manner), meaning "by that same class of transaction by which it was bound."
  2. §50.17.35.prnudi consensus obligatio — The genitive nudi consensus (of bare consent) modifies obligatio. It refers to obligations arising from consensual contracts, which are formed solely by agreement without the need for formal words or physical delivery.

Cite this passage

Justinian I, The Digest of Justinian §50.17.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.35.pr

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