Humanitext Reader

Justinian I · The Digest of Justinian §13.7.28.pr-13.7.28.1

Creditor Defense after Litigant Valuation and Peculium Pledge

Passage 2166 of 9271 · Latin

Summary

This section discusses the creditor's defense against a debtor claiming a pledged thing after the creditor lost possession and recovered its valuation through the Servian action, and the availability of the action of pledge against a master when a slave takes a pledge for a debt of his peculium.

[IULIANUS libro undecimo digestorum. ] §13.7.28.prSi creditor, qui rem pignori acceperat, amissa eius possessione Seruiana actione petierit et litis aestimationem consecutus sit, postea debitor eandem rem petens exceptione summouetur, nisi offerat ei debitor, quod pro eo solutum est.
[JULIAN, Digest, Book 11] If a creditor, who had received a thing in pledge, having lost possession of it, has sued for it by the Servian action and obtained the valuation of the suit, the debtor afterwards claiming the same thing is barred by an exception, unless the debtor offers to him what was paid on his behalf.
§13.7.28.1Si seruus pro peculiari nomine pignus acceperit, actio pigneraticia aduersus dominum debitori competit.
If a slave has received a pledge for a debt belonging to his peculium, the action of pledge is available to the debtor against the master.

Notes

  1. §13.7.28.prquod pro eo solutum est — The pronoun eo in pro eo (on his behalf) refers to debitor (the debtor). The litigation valuation (litis aestimatio) paid to the creditor by a third party in the Servian action operates as a payment made "on behalf of the debtor," as it satisfies the secured debt. The debtor is barred from claiming the thing unless he reimburses the creditor for this amount.
  2. §13.7.28.1pro peculiari nomine — The term nomen (name, account) here means a "debt" or "claim". The phrase refers to a case where a slave receives a pledge for a debt that belongs to his peculium (the property allowed to him by his master). Since the ultimate rights and liabilities of the transaction vest in the master (dominus), the debtor is granted the action of pledge (actio pigneraticia) directly against the master.

Cite this passage

Justinian I, The Digest of Justinian §13.7.28.pr-13.7.28.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.28.pr-13.7.28.1

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.