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Justinian I · The Digest of Justinian §20.2.5.pr-20.2.5.2

Subtenant Goods, Partial Debt Pledge, and Surety Consent

Passage 2953 of 9271 · Latin

Summary

The text discusses whether a subtenant's belongings are pledged to the landlord, the possibility of establishing a pledge for only part of a debt, and the implied consent to pledge one's own property when becoming a surety for a debtor who has already pledged it.

[MARCIANUS libro singulari ad formulam hypothecariam. ] §20.2.5.prPomponius libro tertio decimo uariarum lectionum scribit, si gratuitam habitationem conductor mihi praestiterit, inuecta a me domino insulae pignori non esse.
[MARCIANUS, in his single book on the Hypothecary Formula.] Pomponius writes in the thirteenth book of his Various Readings that, if a tenant has provided me with gratuitous lodging, the things brought in by me are not pledged to the owner of the apartment building.
§20.2.5.1Item: illud, inquit, uidendum est uoluntate domini induci pignus ita posse, ut in partem debiti sit obligatum.
Likewise, he says, we must consider that a pledge can be introduced by the will of the owner in such a way that it is bound only for a part of the debt.
§20.2.5.2Si quis fideiubeat, cum res illius a debitore pro quo fideiussit pignori data sit, bellissime intellegitur hoc ipso, quod fideiubeat, quodammodo mandare res suas esse obligatas.
If anyone should become a surety, when his property has been given in pledge by the debtor for whom he has become a surety, it is most elegantly understood that, by this very fact of becoming a surety, he in a way mandates that his property be bound.
sane si postea sint eius res hypothecae datae, non erunt obligatae.
Certainly, if his property is subsequently given in hypothec, it will not be bound.

Notes

  1. §20.2.5.prdomino insulae pignori non esse — The dative pignori expresses purpose, forming a double dative construction with the dative of benefit/interest domino. It is understood as 'does not serve as a pledge for the owner of the apartment building.'
  2. §20.2.5.2hoc ipso, quod fideiubeat — The ablative hoc ipso ('by this very fact') is explained appositively by the quod clause ('that he becomes a surety'). The subjunctive fideiubeat is used due to the attraction of the preceding conditional clause Si quis fideiubeat, presenting the action as a hypothetical or subjective premise.
  3. §20.2.5.2mandare res suas esse obligatas — The accusative with infinitive clause res suas esse obligatas serves as the object of mandare ('to mandate' or 'to commission'), meaning 'to mandate (or consent) that his property be bound.'

Cite this passage

Justinian I, The Digest of Justinian §20.2.5.pr-20.2.5.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.2.5.pr-20.2.5.2

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