[PAPINIANUS libro undecimo responsorum. ] §20.1.1.prConuentio generalis in pignore dando bonorum uel postea quaesitorum recepta est: in speciem autem alienae rei collata conuentione, si non fuit ei qui pignus dabat debita, postea debitori dominio quaesito difficilius creditori, qui non ignorauit alienum, utilis actio dabitur, sed facilior erit possidenti retentio.
[PAPINIANUS, in the eleventh book of Opinions.] A general agreement to give in pledge current assets or those to be acquired afterwards has been accepted; but when the agreement is directed towards a specific object belonging to another, if it was not owed to the person who gave the pledge, even if ownership is subsequently acquired by the debtor, a beneficial action will be granted with greater difficulty to the creditor who was not ignorant that it belonged to another, but retention will be easier for the one in possession.
§20.1.1.1Seruo pignori dato peculium eius creditor citra conuentionem specialiter super eo conceptam frustra distrahit, nec interest, quando seruus domino peculium adquisierat.
When a slave is given in pledge, the creditor sells his peculium in vain without an agreement specifically conceived on that matter, nor does it matter when the slave had acquired the peculium for his master.
§20.1.1.2Cum praedium pignori daretur, nominatim, ut fructus quoque pignori essent, conuenit.
When a tract of land was given in pledge, it was expressly agreed that the fruits should also be pledged.
eos consumptos bona fide emptor utili Seruiana restituere non cogetur: pignoris etenim causam nec usucapione peremi placuit, quoniam quaestio pignoris ab intentione dominii separatur: quod in fructibus dissimile est, qui numquam debitoris fuerunt.
A bona fide purchaser who has consumed them will not be compelled to restore them by the beneficial Seruian action; for it has been held that the cause of a pledge is not destroyed even by usucapion, because the question of a pledge is separated from the claim of ownership; which is different in the case of fruits, which were never the property of the debtor.
§20.1.1.3Pacto placuit, ut ad diem usuris non solutis fructus hypothecarum usuris compensarentur fini legitimae usurae.
It was agreed by pact that, if interest was not paid by the due date, the fruits of the mortgaged property should be set off against the interest up to the limit of the lawful interest rate.
quamuis exordio minores in stipulatum uenerint, non esse tamen irritam conuentionem placuit, cum ad diem minore faenore non soluto legitimae maiores usurae stipulanti recte promitti potuerunt.
Although at the beginning lower interest rates had entered into the stipulation, it was nevertheless held that the agreement was not invalid, since when the lower interest rate was not paid by the due date, the higher lawful interest rate could have been rightly promised to the stipulator.
§20.1.1.4Cum praedium uxor uiro donasset idque praedium uir pignori dedisset, post diuortium mulier possessionem praedii sui reciperauit et idem praedium ob debitum uiri pignori dedit.
When a wife had donated a tract of land to her husband, and the husband had given this land in pledge, after a divorce the woman recovered possession of her land and gave the same land in pledge for the husband's debt.
in ea dumtaxat pecunia recte pignus a muliere contractum apparuit, quam offerre uiro debuit meliore praedio facto, scilicet si maiores sumptus quam fructus fuissent, quos uir ex praedio percepit: etenim in ea quantitate proprium mulier negotium gessisse, non alienum suscepisse uidetur.
It was held that a pledge was rightly contracted by the woman only to the extent of that sum of money which she was obliged to offer to her husband on account of the land having been made better, namely, if the expenses had been greater than the fruits which the husband gathered from the land; for to the extent of that amount, the woman is seen to have conducted her own business, not to have undertaken that of another.