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Justinian I · The Digest of Justinian §20.1.29.pr-20.1.29.3

Scope of General Pledge and Rights over Rebuilt Property

Passage 2942 of 9271 · Latin

Summary

This section discusses the limits of a general pledge, the status of offspring born to pledged slaves, the continuation of pledge rights over a rebuilt house with reimbursement for a bona fide possessor, and the liability of a slave who pledged all his master's assets with consent.

[IDEM libro quinto responsorum. ] §20.1.29.prPaulus respondit generalem quidem conuentionem sufficere ad obligationem pignorum: sed ea, quae ex bonis defuncti non fuerunt, sed postea ab herede eius ex alia causa adquisita sunt, uindicari non posse a creditore testatoris.
[BY THE SAME AUTHOR, in his fifth book of Opinions.] Paulus answered that a general agreement is indeed sufficient for the obligation of pledges; but those things which did not belong to the property of the deceased, but were afterwards acquired by his heir from another cause, cannot be claimed by the creditor of the testator.
§20.1.29.1Si mancipia in causam pignoris ceciderunt, ea quoque, quae ex his nata sunt, eodem iure habenda sunt.
If slaves have fallen into the condition of a pledge, those also who are born from them must be held under the same right.
quod tamen diximus etiam adgnata teneri, siue specialiter de his conuenerit siue non, ita procedit, si dominium eorum ad eum peruenit qui obligauit uel heredem eius: ceterum si apud alium dominum pepererint, non erunt obligata.
However, our statement that even those born afterwards are bound, whether there has been a special agreement concerning them or not, applies only if their ownership has come to the person who pledged them or to his heir; but if they were born under another owner, they will not be bound.
§20.1.29.2Domus pignori data exusta est eamque aream emit Lucius Titius et exstruxit: quaesitum est de iure pignoris.
A house given in pledge was burned down, and Lucius Titius bought the ground and built upon it; a question arose concerning the right of pledge.
Paulus respondit pignoris persecutionem perseuerare et ideo ius soli superficiem secutam uideri, id est cum iure pignoris: sed bona fide possessores non aliter cogendos creditoribus aedificium restituere, quam sumptus in exstructione erogatos, quatenus pretiosior res facta est, reciperent.
Paulus answered that the pursuit of the pledge continues, and therefore the building is deemed to follow the right of the ground, that is, together with the right of pledge; but bona fide possessors ought not to be compelled to restore the building to the creditors otherwise than if they receive the expenses incurred in the building, to the extent that the property has been made more valuable.
§20.1.29.3Si sciente et consentiente domino seruus, ut omnia bona domini pignori obligata essent, conuenit, ipsum quoque qui cauit obligatum esse pignoris iure.
If, with the knowledge and consent of his master, a slave agreed that all the property of his master should be obligated in pledge, the slave himself who made the agreement is also obligated by the right of pledge.

Notes

  1. 20.1.29.prgeneralem quidem conuentionem — Refers to a general or comprehensive pledge agreement covering all of a debtor's assets. It confirms that such an agreement is sufficient to establish a pledge, while clarifying that assets acquired by the heir after the deceased's death through other means are excluded.
  2. 20.1.29.1quod tamen diximus etiam adgnata teneri — A syntax where the quod clause ('that which we have said...') functions as a noun clause serving as the subject, leading to 'ita procedit' ('applies in this way'). 'adgnata' here refers to the offspring born to the slaves after the pledge was established.
  3. 20.1.29.2ius soli superficiem secutam uideri — Based on the fundamental Roman law principle 'superficies solo cedit' (the building accedes to the land), this indicates that the pledge over the land extends to the newly constructed building. 'secutam [esse]' is an infinitive complementing 'uideri', agreeing with the feminine singular subject 'superficiem'.
  4. 20.1.29.3ipsum quoque qui cauit — The phrase 'qui cauit' (the one who made the agreement) refers to the slave himself who transacted with the master's consent. Although a slave is legally the 'property' of the master, because he agreed to pledge all of his master's assets, the slave himself is also bound as a pledge.

Cite this passage

Justinian I, The Digest of Justinian §20.1.29.pr-20.1.29.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.29.pr-20.1.29.3

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