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Justinian I · The Digest of Justinian §20.2.1.pr

Pledge on a Building Granted to Rebuilding Lenders

Passage 2949 of 9271 · Latin

Summary

Based on a senatusconsultum enacted under Emperor Marcus, this passage states that the pledge over an apartment building granted to a creditor who lent money for its rebuilding also extends to a person who supplied funds to the contractor by the owner's order.

[PAPINIANUS libro decimo responsorum. ] §20.2.1.prSenatus consulto quod sub Marco imperatore factum est pignus insulae creditori datum, qui pecuniam ob restitutionem aedificii exstruendi mutuam dedit, ad eum quoque pertinebit, qui redemptori domino mandante nummos ministrauit.
[PAPINIANUS, in his tenth book of Opinions.] By the senatusconsultum enacted under the Emperor Marcus, the pledge of an apartment building given to a creditor who lent money for the purpose of rebuilding the edifice shall also belong to one who supplied money to the contractor by order of the owner.

Notes

  1. 20.2.1.prdomino mandante — An ablative absolute construction consisting of the noun domino (nominative dominus, "owner") and the present participle mandante (from mandare, "to commission, order"). It means "with the owner commissioning" or "by order of the owner," indicating that the provision of funds was authorized by the owner.
  2. 20.2.1.prad eum quoque pertinebit — The core of the main clause. The subject is pignus ("pledge") near the beginning of the sentence, which, after intervening modifying phrases and a relative clause (insulae creditori datum, qui...), connects to the verb pertinebit (future tense of pertineo, "to belong, extend to"). It means "it shall also belong/extend to him" (eum being the antecedent of the relative pronoun qui), declaring the personal extension of the preferential right (pledge).

Cite this passage

Justinian I, The Digest of Justinian §20.2.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.2.1.pr

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