Humanitext Reader

Justinian I · The Digest of Justinian §13.7.2.pr

Invalidity of Re-Pledging a Sold and Delivered Object

Passage 2140 of 9271 · Latin

Summary

Pomponius discusses the invalidity of an agreement where a debtor, after selling and delivering a pledged object to a buyer, attempts to re-pledge it to a new creditor whose money was used to release the original pledge.

[POMPONIUS libro sexto ad Sabinum. ] §13.7.2.prSi debitor rem pignori datam uendidit et tradidit tuque ei nummos credidisti, quos ille soluit ei creditori, cui pignus dederat tibique cum eo conuenit, ut ea res, quam iam uendiderat, pignori tibi esset, nihil te egisse constat, quia rem alienam pignori acceperis: ea enim ratione emptorem pignus liberatum habere coepisse neque ad rem pertinuisse, quod tua pecunia pignus sit liberatum.
[POMPONIUS, on Sabinus, Book VI] If a debtor has sold and delivered a thing given as a pledge, and you have lent him money, which he has paid to that creditor to whom he had given the pledge, and it has been agreed between you and him that that thing, which he had already sold, should be a pledge to you, it is established that you have effected nothing, because you have accepted another's property as a pledge: for by that reasoning the buyer began to hold the pledge freed, and it was of no relevance that the pledge was freed by your money.

Notes

  1. §13.7.2.prnihil te egisse — A legal idiom meaning "to have effected nothing of legal consequence" or "the act is legally void."
  2. §13.7.2.prea enim ratione emptorem pignus liberatum habere coepisse — The accusative with infinitive (AcI) construction (with the infinitives `coepisse` and `pertinuisse`) continues under the influence of the preceding main verb `constat`, explaining the logical ground for why the creditor acquired no valid pledge.
  3. §13.7.2.prquod tua pecunia pignus sit liberatum — A noun clause acting as the subject of the impersonal verb phrase `neque ad rem pertinuisse` ("nor did it matter"). The subjunctive `sit liberatum` is used because the clause is subordinate within indirect discourse.

Cite this passage

Justinian I, The Digest of Justinian §13.7.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.2.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.