Humanitext Reader

Justinian I · The Digest of Justinian §10.3.17.pr

Purchase of Pledged Land and Action for Partition

Passage 1712 of 9271 · Latin

Summary

It states the legal rule that if one of the co-heirs purchases from a creditor a tract of land pledged by the testator, he cannot be sued by the other co-heirs in an action for the division of common property.

[MODESTINUS libro nono regularum. ] §10.3.17.prQui coheredes habet, si fundum pignori datum a testatore suo comparauerit a creditore, non debet a coheredibus iudicio communi diuidundo conueniri.
[MODESTINUS, Rules, book IX.] A person who has co-heirs, if he has purchased from a creditor land given in pledge by his testator, ought not to be sued by his co-heirs in an action for the division of common property.

Notes

  1. §10.3.17.prQui coheredes habet — The entire clause introduced by the relative pronoun 'qui' ('Qui coheredes habet') functions as the logical subject (nominal clause) of the main verb 'debet'. The subject of the sentence is 'a person who has co-heirs'.
  2. §10.3.17.prpignori datum — The word 'pignori' is the dative of 'pignus' (pledge), functioning as a dative of purpose or effect modifying 'datum' (perfect passive participle of 'do'), meaning 'given as a pledge' or 'pledged'.
  3. §10.3.17.priudicio communi diuidundo — Referring to the 'action for the division of common property' (iudicium communi dividundo). Here, it is in the ablative of instrument/means, modifying the passive infinitive 'conueniri' (to be sued/summoned), meaning 'ought not to be sued [by means of] this action'.

Cite this passage

Justinian I, The Digest of Justinian §10.3.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.3.17.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.