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Justinian I · The Digest of Justinian §20.1.35.pr

Pledge Rights on a Building Rebuilt After Fire

Passage 2948 of 9271 · Latin

Summary

If an apartment building held as a pledge is burned down and subsequently rebuilt by the debtor, the creditor retains the same rights over the newly constructed building.

[LABEO libro primo pithanon a Paulo epitomatorum. ] §20.1.35.prSi insula, quam tibi ex pacto conuento licuit uendere, combusta est, deinde a debitore suo restituta, idem in noua insula iuris habes.
[LABEO, in his first book of Probabilities, epitomized by Paulus.] If an apartment building, which you were permitted to sell by an agreement, has been burned down and then rebuilt by the debtor, you have the same right over the new apartment building.

Notes

  1. 20.1.35.pridem ... iuris — iuris is a partitive genitive qualifying the neuter singular pronoun idem, meaning "the same right" or "the same legal standing."
  2. 20.1.35.pra debitore suo — Although suo is a reflexive possessive adjective, it refers to "its (the creditor's) debtor" of the rebuilt insula, emphasizing that the debtor rebuilt it at their own expense or initiative.
  3. 20.1.35.prrestituta — Perfect participle in the nominative feminine singular, agreeing with the preceding noun insula. It functions as a passive verb (restituta [est]) within the si clause, parallel to combusta est.

Cite this passage

Justinian I, The Digest of Justinian §20.1.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.35.pr

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