Justinian I · The Digest of Justinian §14.5.3.pr

Deduction of Debts and Priority in Liability to Means

Passage 2234 of 9271 · Latin

Summary

The text discusses whether debts owed to other creditors should be deducted when calculating liability to the extent of ability to pay, and how priority among different creditors is determined.

[IDEM libro tertio disputationum. ] §14.5.3.prSed an hic detrahi debeat quod aliis debetur, tractari potest.

[The same, Disputations, Book 3] But it can be discussed whether, in this case, what is owed to others ought to be deducted.

et si quidem sint creditores, qui, cum esset alienae potestatis, cum eo contraxerunt, recte dicetur occupantis meliorem esse condicionem, nisi si quis priuilegiarius ueniat: huius enim non sine ratione prioris ratio habebitur.

And indeed, if there are creditors who contracted with him when he was under another's power, it will be rightly said that the position of the one who takes the initiative is better, unless some privileged creditor should appear; for the consideration of this prior creditor will be held not without reason.

quod si qui sint, qui, posteaquam sui iuris factus est, cum eo contraxerunt, puto horum rationem habendam.

But if there are those who contracted with him after he became sui iuris, I think that consideration must be had of them.

Notes

14.5.3.prhic — The word hic here is not the nominative masculine singular of the demonstrative pronoun, but the adverb of place/circumstance, meaning 'in this case' or 'in this situation' (specifically, in calculating the limit of what the debtor is able to pay).
14.5.3.proccupantis — The genitive singular of the present participle occupans, used substantively. It refers to a creditor who takes the initiative in enforcing their claim (e.g., by bringing an action or seizing assets) before other ordinary creditors, showing that their position is preferred.
14.5.3.prprioris — The genitive singular of the comparative adjective prior ('earlier', 'preferable'). It agrees in gender, number, and case with the preceding demonstrative pronoun huius (referring to the privileged creditor, priuilegiarius), meaning 'of this prior/preferred creditor'.

Cite this passage

Justinian I, The Digest of Justinian §14.5.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.5.3.pr

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