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Justinian I · The Digest of Justinian §20.1.23.pr-20.1.23.1

Lease of Pledged Land and Creation of Pledge between Absentees

Passage 2936 of 9271 · Latin

Summary

This text rules on the creditor's right to lawfully lease pledged lands and the validity of establishing a pledge obligation between absent parties by agreement.

[IDEM libro tertio regularum. ] §20.1.23.prCreditor praedia sibi obligata ex causa pignoris locare recte poterit.
[THE SAME, in his third book of Rules.] A creditor will be able to lawfully lease lands pledged to him by virtue of the pledge.
§20.1.23.1Pignoris obligatio etiam inter absentes recte ex contractu obligatur.
An obligation of pledge is lawfully contracted even between absent parties by agreement.

Notes

  1. 20.1.23.prex causa pignoris — The prepositional phrase 'ex causa pignoris' (by virtue of the pledge / on the ground of the pledge) modifies 'sibi obligata' (pledged to him), clarifying under what legal cause the lands are bound to the creditor. Although it could theoretically modify 'locare' (to lease), it is more natural to take it as specifying the legal nature of the bound property.
  2. 20.1.23.1Pignoris obligatio ... obligatur — The noun 'obligatio' (obligation / legal bond) and the passive verb 'obligatur' (is bound / contracted) are used in the same clause. This is an etymological wordplay or pleonasm common in legal Latin, meaning that the legal bond of pledge 'is established' or 'becomes binding' through the medium of a contract (ex contractu).

Cite this passage

Justinian I, The Digest of Justinian §20.1.23.pr-20.1.23.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.23.pr-20.1.23.1

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