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Justinian I · The Digest of Justinian §13.7.41.pr

Subsequent Ownership and the Beneficial Action on Pledge

Passage 2179 of 9271 · Latin

Summary

The text discusses the difference in granting a beneficial pledge action to a creditor between the case where a debtor pledges another's property and later becomes its owner, and the case where an owner becomes the heir of a person who pledged the owner's property without consent.

[PAULUS libro tertio quaestionum. ] §13.7.41.prRem alienam pignori dedisti, deinde dominus rei eius esse coepisti: datur utilis actio pigneraticia creditori.
[PAULUS, in his Third Book of Questions.] If you gave another's property as a pledge, and then you became the owner of that property, a beneficial pledge action is granted to the creditor.
non est idem dicendum, si ego Titio, qui rem meam obligauerat sine mea uoluntate, heres extitero: hoc enim modo pignoris persecutio concedenda non est creditori, nec utique sufficit ad conpetendam utilem pigneraticiam actionem eundem esse dominum, qui etiam pecuniam debet.
The same is not to be said if I should become the heir to Titius, who had pledged my property without my consent; for in this case, the pursuit of the pledge must not be granted to the creditor, nor indeed is it sufficient for the beneficial pledge action to be competent that the same person who also owes the money is the owner.
sed si conuenisset de pignore, ut ex suo mendacio arguatur, improbe resistit, quo minus utilis actio moueatur.
But if there had been an agreement regarding the pledge, so that he may be convicted of his own deception, he dishonestly resists the bringing of the beneficial action.

Notes

  1. §13.7.41.preundem esse dominum — The accusative and infinitive clause eundem esse dominum functions as the subject (noun clause) of the preceding impersonal verb sufficit. eundem is the subject accusative, and dominum is its predicate.
  2. §13.7.41.prquo minus utilis actio moueatur — A subjunctive clause introduced by the conjunction quo minus, which functions as a complement to the verb of resistance or refusal resistit, completing the meaning 'he resists the bringing of the beneficial action'.

Cite this passage

Justinian I, The Digest of Justinian §13.7.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.41.pr

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