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Justinian I · The Digest of Justinian §20.2.10.pr

Compromise over Tutelage and Validity of Pledge for Remaining Debt

Passage 2958 of 9271 · Latin

Summary

In a case where the heir of a tutor compromised with the ward's heir and pledged a property for the remaining sum after partial payment, it is questioned and affirmed that the property was lawfully pledged for the original tutelage contract.

[SCAEUOLA libro sexto digestorum. ] §20.2.10.prTutoris heres cum herede pupilli transactione facta, cum ex ea maiorem partem soluisset, in residuam quantitatem pignus obligauit: quaesitum est, an in ueterem contractum iure res obligata esset.
[SCAEVOLA, in the sixth book of his Digests.] The heir of a tutor, having made a compromise with the heir of the ward, when he had paid the greater part of the amount due under it, pledged a property for the remaining sum. The question was asked whether the thing had been lawfully pledged for the old contract.
respondit secundum ea quae proponerentur obligatam esse.
He replied that, according to the facts stated, it had been pledged.

Notes

  1. §20.2.10.prin ueterem contractum — The preposition `in` with the accusative here expresses purpose or application, meaning "for" or "in respect of". It inquires whether the pledge, though created under the compromise, is legally associated with or secure for the original tutelage contract (uetus contractus).
  2. §20.2.10.probligatam esse — An infinitive in indirect speech (accusative with infinitive) depending on `respondit`, with the subject `res` (feminine) omitted. As a perfect passive infinitive, it affirms that the thing was indeed pledged, answering the preceding question `an... res obligata esset`.

Cite this passage

Justinian I, The Digest of Justinian §20.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.2.10.pr

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