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Justinian I · The Digest of Justinian §20.1.22.pr

Inheriting from an Unauthorized Pledgor and Beneficial Action

Passage 2935 of 9271 · Latin

Summary

This section explains that if a person becomes the heir of someone who pledged their property without their knowledge, the pledge does not become directly valid, but an equitable action on pledge is granted to the creditor.

[MODESTINUS libro septimo differentiarum. ] §20.1.22.prSi Titio, qui rem meam ignorante me creditori suo pignori obligauerit, heres exstitero, ex postfacto pignus directo quidem non conualescit, sed utilis pigneraticia dabitur creditori.
[MODESTINUS, in his seventh book of Differences.] If I become the heir of Titius, who pledged my property to his creditor without my knowledge, the pledge indeed does not become valid directly after the fact, but an equitable action on pledge will be granted to the creditor.

Notes

  1. 20.1.22.prdirecto ... utilis — Contrast between the direct effect under civil law (directo) and the analogical application granted by the praetor's authority (utilis). Although the pledge of another's property was originally invalid, and is not automatically validated directly (directo) by the subsequent fact (ex postfacto) of the owner inheriting from the pledgor, an analogical or equitable action on pledge (utilis pigneraticia actio, with actio being omitted) is granted to protect the creditor.

Cite this passage

Justinian I, The Digest of Justinian §20.1.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.22.pr

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