“The subject will, perhaps, become clearer by examples: … A has in the past had dealings by way of sale, exchange, etc., with B, of which an account appears in his codex showing a balance against B for 500 aurei. A, with B’s consent, closes this account by a statement on the opposite page (contrary to fact) that B has paid the aurei… and opens a new account with the statement (contrary to strict fact) that he has advanced to B the sum of 500 aurei. Hence the expensilatio represents a nomen transcripticium; a nomen (debt) has been transferred from one account to another …. In effect the old contracts between A and B have been novated, i.e. extinguished, one single obligation having been substituted in their place; obviously a course which offered many advantages to both parties, as it simplified the accounts, and saved disputes about the previous transactions.” R.W. Leage, Roman Private Law 317–18 (C.H. Ziegler ed., 2d ed. 1930).
nomen transcripticium
nomen transcripticium (noh-men tran-skrip-tish-ee-[schwa]m). [Latin “entry (in an account) transferred”] Roman law. A creditor’s entry of a money debt into a new account (expensilatio) after closing another account, thereby creating, with the debtor’s permission, a literal contract from an existing obligation, which may or may not have been enforceable. Pl. nomina transcripticia.
