Humanitext Reader

Justinian I · The Digest of Justinian §20.1.20.pr

Pledge of Rents and Beneficial Actions against Tenants

Passage 2933 of 9271 · Latin

Summary

Explains that when it is agreed that a lender for building repairs may recover the loan from rents by right of pledge, they are granted beneficial actions against the tenants, following the example of a security given in pledge.

[IDEM libro sexagesimo tertio ad edictum. ] §20.1.20.prCum conuenit, ut is, qui ad refectionem aedificii credidit, de pensionibus iure pignoris ipse creditum recipiat, etiam actiones utiles aduersus inquilinos accipiet cautionis exemplo, quam debitor creditori pignori dedit.
[THE SAME, in his sixty-third book on the Edict.] When it has been agreed that he who lent money for the repair of a building shall himself recover the loan from the rents by right of pledge, he shall also receive beneficial actions against the tenants, after the example of a security which a debtor has given to a creditor in pledge.

Notes

  1. 20.1.20.prcautionis exemplo — Consists of the ablative noun exemplo (from exemplum, indicating standard or means) and the genitive cautionis (from cautio, "security, debt instrument"). It means "after the example of a security (or debt-claim) given in pledge." This indicates that the same legal principle allowing beneficial actions to a pledgee of a debt-claim is analogously applied to the agreement on recovering rents.
  2. 20.1.20.practiones utiles — Refer to "beneficial actions" (or analogous actions) granted by the praetor on equitable grounds by modifying or extending existing civil law formulae when strict civil law requirements are not met. Here, it denotes the actions designed to allow the creditor to sue the tenants (inquilinos) directly, despite them being outside the original contractual relationship.

Cite this passage

Justinian I, The Digest of Justinian §20.1.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.20.pr

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