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Justinian I · The Digest of Justinian §20.1.9.pr-20.1.9.1

Existing Assets at Agreement and Pledging Saleable Goods

Passage 2922 of 9271 · Latin

Summary

The passage discusses the application of rules to property held by the debtor at the time of the agreement, and states the principle that anything subject to sale can also be pledged.

[GAIUS libro nono ad edictum prouinciale. ] §20.1.9.prSed et quod ad eas res, quas eo tempore quo paciscebatur in bonis habuit, idem obseruari debet.
[GAIUS, in the ninth book on the Provincial Edict.] But also with regard to those things which he had among his goods at the time when the agreement was made, the same rule must be observed.
§20.1.9.1Quod emptionem uenditionemque recipit, etiam pignerationem recipere potest.
What admits of sale and purchase can also admit of pledge.

Notes

  1. §20.1.9.prquod ad — An idiomatic formula meaning "as regards" or "with respect to", using the relative pronoun quod combined with the preposition ad.
  2. §20.1.9.prin bonis habuit — A legal idiom meaning "to hold in one's bonitary ownership" (as part of one's assets) as distinguished from quiritarian ownership. The implied subject is the debtor who entered into the agreement (paciscebatur).
  3. §20.1.9.1Quod — Relative pronoun, neuter nominative singular, with its antecedent (id) omitted, meaning "that which" or "whatever". It functions as the subject of the main verb potest.

Cite this passage

Justinian I, The Digest of Justinian §20.1.9.pr-20.1.9.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.1.9.pr-20.1.9.1

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