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Justinian I · The Digest of Justinian §18.4.22.pr

Unpaid Price in Inheritance Sale and Pledge of Estate Goods

Passage 2720 of 9271 · Latin

Summary

To the question of whether hereditary objects are held as a pledge when part of the price of the sold inheritance is unpaid, the answer is given that they are indeed held.

[SCAEUOLA libro secundo responsorum. ] §18.4.22.prHereditatis uenditae pretium pro parte accepit reliquum emptore non soluente: quaesitum est, an corpora hereditaria pignoris nomine teneantur.
[SCAEVOLA, Responses, book 2.] He received a part of the price of the sold inheritance, while the buyer did not pay the remainder: it was asked whether the hereditary objects are held by way of pledge.
respondi nihil proponi cur non teneantur.
I answered that nothing is put forward why they should not be held.

Notes

  1. §18.4.22.premptore non soluente — Ablative absolute construction with a present participle (subject: emptore, verb: soluente). It expresses the attendant circumstance or reason that the buyer has not paid the remainder, which serves as the premise for holding the assets.
  2. §18.4.22.prnihil proponi cur non teneantur — Accusative with infinitive (A.C.I.) construction acting as the object of respondi, with nihil as the subject of proponi. Combined with the double negation (nihil and non), it yields the affirmative conclusion that the objects are indeed held as a pledge.

Cite this passage

Justinian I, The Digest of Justinian §18.4.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.4.22.pr

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