Humanitext Reader

Justinian I · The Digest of Justinian §13.7.34.pr

Irrevocability of Agreed Sale of Pledge to Creditor

Passage 2172 of 9271 · Latin

Summary

Marcellus replies that a debtor cannot revoke the sale of a pledged property to the creditor, which was made at the debtor's own request for a certain price, even if the debtor subsequently offers to pay the principal and interest.

[MARCELLUS libro singulari responsorum. ] §13.7.34.prTitius cum credidisset pecuniam Sempronio et ob eam pignus accepisset futurumque esset, ut distraheret eam creditor, quia pecunia non solueretur, petit a creditore, ut fundum certo pretio emptum haberet et cum impetrasset, epistulam, qua se uendidisse fundum creditori significaret, emisit: quaero, an hanc uenditionem debitor reuocare possit offerendo sortem et usuras quae debentur.
[MARCELLUS, in his Single Book of Responses.] When Titius had lent money to Sempronius and had received a pledge for it, and it was about to happen that the creditor would sell it because the money was not being paid, the debtor petitioned the creditor to hold the land as purchased for a certain price, and when he had obtained this, he sent a letter in which he indicated that he had sold the land to the creditor. I ask whether the debtor can revoke this sale by offering the principal and the interest that are due.
Marcellus respondit secundum ea, quae proposita essent, reuocare non posse.
Marcellus replied that, according to the facts proposed, he could not revoke it.

Notes

  1. §13.7.34.prpetit — While the subject of the preceding verbs credidisset and accepisset is the creditor Titius, the subject of petit (as well as the subsequent impetrasset and emisit), though unexpressed, is contextually the debtor Sempronius. It describes the situation where the debtor requests the creditor to keep the pledged land as if purchased, in order to avoid a forced sale by the creditor.
  2. §13.7.34.prfuturumque esset, ut distraheret — The phrase futurum esset ut with the imperfect subjunctive is an impersonal construction expressing a prospective or imminent action from a past perspective ("it was about to happen that..."). The pronoun eam is feminine singular accusative, contextually referring to the pledged property (as res, a feminine noun).

Cite this passage

Justinian I, The Digest of Justinian §13.7.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.34.pr

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