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Justinian I · The Digest of Justinian §20.1.31.pr-20.1.31.1

Pledge of Land Subject to Reversion upon Rent Default

Passage 2944 of 9271 · Latin

Summary

This chunk discusses a case where a land subject to rent, with a condition that it reverts to the owner upon non-payment, was pledged, addressing the validity of the pledge and its subsequent extinguishment when both debtor and creditor defaulted on the rent.

[SCAEUOLA libro primo responsorum. ] §20.1.31.prLex uectigali fundo dicta erat, ut, si post certum temporis uectigal solutum non esset, is fundus ad dominum redeat: postea is fundus a possessore pignori datus est: quaesitum est, an recte pignori datus est.
[SCAEVOLA, in his first book of Opinions.] A condition had been laid down for a tax-paying land, that if after a certain period the tax was not paid, this land should revert to the owner. Afterwards, this land was given as a pledge by the possessor. The question was asked whether it had been correctly given as a pledge.
respondit, si pecunia intercessit, pignus esse.
He replied that if money had intervened, the pledge was valid.
§20.1.31.1Item quaesiit, si, cum in exsolutione uectigalis tam debitor quam creditor cessassent et propterea pronuntiatum esset fundum secundum legem domini esse, cuius potior causa esset.
He also asked: if, when both the debtor and the creditor had failed in the payment of the tax, and therefore it had been declared that the land belonged to the owner according to the condition, whose legal position was stronger?
respondit, si ut proponeretur uectigali non soluto iure suo dominus usus esset, etiam pignoris ius euanuisse.
He replied that if, as was proposed, the owner had exercised his right because the tax was not paid, the right of pledge had also vanished.

Notes

  1. 20.1.31.pruectigali fundo — fundo is in the dative case, modifying the verbal expression lex dicta erat (a condition had been laid down). It means 'for/to the tax-paying land.'
  2. 20.1.31.prpost certum temporis — temporis is a partitive genitive depending on the neuter adjective certum used substantively. It means 'after a certain period of time.'
  3. 20.1.31.1ut proponeretur — A parenthetical clause with ut and the imperfect subjunctive proponeretur, meaning 'as was proposed' or 'as specified in the presented case.'
  4. 20.1.31.1uectigali non soluto — An ablative absolute construction consisting of the noun uectigali and the participle soluto, expressing cause or condition ('the tax not having been paid' / 'because the tax was not paid').

Cite this passage

Justinian I, The Digest of Justinian §20.1.31.pr-20.1.31.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.31.pr-20.1.31.1

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