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Justinian I · The Digest of Justinian §20.1.18.pr

Pledge from a Non-Owner and the Servian Action

Passage 2931 of 9271 · Latin

Summary

Paulus states that if a person receives a pledge from someone who lacked ownership but was eligible for the Publician action, the praetor will protect the pledgee via the Servian action, just as the debtor is protected via the Publician action.

[PAULUS libro nono decimo ad edictum. ] §20.1.18.prSi ab eo, qui Publiciana uti potuit quia dominium non habuit, pignori accepi, sic tuetur me per Seruianam praetor, quemadmodum debitorem per Publicianam.
[PAULUS, in his nineteenth book on the Edict.] If I have received a pledge from someone who could have used the Publician action because he did not have ownership, the praetor protects me by the Servian action in the same way as he protects the debtor by the Publician action.

Notes

  1. 20.1.18.prPubliciana — The feminine singular noun actione (action) is omitted here, serving as the object of the verb uti which governs the ablative. Similarly, the subsequent Seruianam and Publicianam omit actionem (accusative).
  2. 20.1.18.prdebitorem — In the comparative clause introduced by quemadmodum, the verb tuetur (along with the subject praetor) from the main clause is omitted, and debitorem functions as the direct object (accusative) of this understood verb.

Cite this passage

Justinian I, The Digest of Justinian §20.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.18.pr

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