Humanitext Reader

Justinian I · The Digest of Justinian §13.7.37.pr

Retention of Possession on Leasing Pledge to Debtor

Passage 2175 of 9271 · Latin

Summary

Paulus explains that if a creditor leases a pledge back to its owner (the debtor), the creditor retains possession through the lease, as the creditor intends to retain it and the debtor as lessee does not intend to acquire possession.

[PAULUS libro quinto ad Plautium. ] §13.7.37.prSi pignus mihi traditum locassem domino, per locationem retineo possessionem, quia antequam conduceret debitor, non fuerit eius possessio cum et animus mihi retinendi sit et conducenti non sit animus possessionem apiscendi.
[PAULUS, in his Fifth Book on Plautius.] If I should lease back to its owner a pledge that has been delivered to me, I retain possession through the lease; because before the debtor leased it, the possession did not belong to him, since I have the intention of retaining it and the lessee does not have the intention of acquiring possession.

Notes

  1. 13.7.37.prlocassem — A syncopated form of locavissem (pluperfect active subjunctive, first-person singular). It is used in the conditional clause (si-clause) to present a hypothetical action, which is paired with the present indicative retineo in the main clause to state its ongoing legal consequence.
  2. 13.7.37.prconducenti — The dative singular of the active present participle of conduco (to lease, hire), used substantively to mean 'the lessee' or 'the hirer'. It functions as a dative of possession with non sit, meaning 'the lessee does not have [the intention]'.
  3. 13.7.37.prpossessionem apiscendi — The genitive gerund apiscendi of the deponent verb apisciscor (to acquire), taking the accusative possessionem as its direct object. The entire phrase modifies the noun animus ('the intention of acquiring possession').

Cite this passage

Justinian I, The Digest of Justinian §13.7.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.37.pr

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