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Justinian I · The Digest of Justinian §2.14.3.pr

Claim of Debt after Return of Pledge and Proof of Agreement

Passage 368 of 9271 · Latin

Summary

It is stated that even if a pledge is returned to the debtor, the debt itself can still be demanded as long as the money is unpaid, unless a contrary agreement is specifically proven.

[MODESTINUS libro tertio regularum. ] §2.14.3.prPostquam pignus uero debitori reddatur, si pecunia soluta non fuerit, debitum peti posse dubium non est, nisi specialiter contrarium actum esse probetur.
[MODESTINUS, Rules, book 3] But after a pledge is returned to the debtor, if the money has not been paid, there is no doubt that the debt can be demanded, unless it is specifically proved that the contrary was agreed.

Notes

  1. §2.14.3.prPostquam ... reddatur — The clause postquam with the subjunctive present reddatur. While classical Latin typically uses the indicative with postquam, legal and later Latin often employ the subjunctive to describe hypothetical or general situations. Here, it introduces the general situation of the 'return of a pledge' in contrast (uero) to the 'return of a caution' in the previous section.
  2. §2.14.3.prdebitum peti posse dubium non est — The construction where dubium non est (there is no doubt) is followed by an accusative with infinitive clause (debitum peti posse) instead of the classical quin with subjunctive. This usage is characteristic of post-classical and legal Latin.

Cite this passage

Justinian I, The Digest of Justinian §2.14.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.3.pr

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