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Justinian I · The Digest of Justinian §20.1.30.pr

Allocation of Risk for Pledges of a Sold Claim

Passage 2943 of 9271 · Latin

Summary

Regarding the risk of pledges attached to a sold claim, it is determined that the risk belongs to the buyer, provided it is proved that the items were indeed pledged.

[IDEM libro sexto responsorum. ] §20.1.30.prPericulum pignorum nominis uenditi ad emptorem pertinere, si tamen probetur eas res obligatas fuisse.
[BY THE SAME AUTHOR, in his sixth book of Opinions.] The risk of the pledges of a sold claim belongs to the buyer, provided, however, it is proved that those things had been obligated.

Notes

  1. 20.1.30.prnominis — Genitive of the noun nomen. Here, rather than its general meaning of "name," it is used as a legal term meaning "claim" or "debt." Thus, nominis uenditi means "of a sold claim."
  2. 20.1.30.prpertinere — Infinitive in an accusative-with-infinitive construction (with periculum as its subject), representing indirect speech that reports a jurist's opinion. It is understood as depending on an omitted governing verb such as Paulus respondit.

Cite this passage

Justinian I, The Digest of Justinian §20.1.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.30.pr

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