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Justinian I · The Digest of Justinian §13.7.23.pr

Eviction of Pledge: Claiming Intervening Interest

Passage 2161 of 9271 · Latin

Summary

Discusses the conditions under which a pledgee can claim interest for the intervening period from the debtor in case of eviction. If the pledgee restored only the single value to the buyer, they are barred from claiming interest by an objection of fraud, as they had the use of the purchase money.

[TRYPHONINUS libro octauo disputationum. ] §13.7.23.prnec enim amplius a debitore quam debiti summa consequi poterit.
[TRYPHONINUS, Disputations, Book 8] For he cannot recover from the debtor more than the amount of the debt.
sed si stipulatio usurarum fuerat et post quinquennium forte, quam pretium ex re obligata uictus eam emptori restituit, etiam medii temporis usuras a debitore petere potest, quia nihil ei solutum esse, ut auferri non possit, palam factum est: sed si simplum praestitit, doli exceptione repellendus erit ab usurarum petitione, quia habuit usum pecuniae pretii, quod ab emptore acceperat.
But if there had been a stipulation for interest, and if, for example, after five years from when he, having been defeated, restored to the buyer the price [received] from the pledged property, he can also demand from the debtor the interest for the intervening time, because it has become clear that nothing had been paid to him in such a way that it could not be taken away. But if he paid only the simple value, he must be barred from demanding interest by an objection of fraud, because he had the use of the money of the price which he had received from the buyer.

Notes

  1. §13.7.23.prpost quinquennium forte, quam — The preposition post and the conjunction quam are separated (tmesis), functioning equivalent to postquam (after five years had passed).
  2. §13.7.23.prnihil ei solutum esse, ut auferri non possit — The accusative-with-infinitive clause nihil... solutum esse serves as the subject of palam factum est. The subjunctive clause ut... possit expresses result or character, modifying the sense of the payment ("nothing was paid in such a way that it could not be taken away").
  3. §13.7.23.prpecuniae pretii, quod — pretii is a genitive of apposition or definition modifying pecuniae ("the money of the price"). The relative pronoun quod (neuter singular accusative) agrees with the neuter noun pretii as its antecedent, rather than the feminine pecuniae.

Cite this passage

Justinian I, The Digest of Justinian §13.7.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.23.pr

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