Humanitext Reader

Justinian I · The Digest of Justinian §20.2.8.pr

Creditor Retention of Interest from Pledge Fruits in Interest-Free Loans

Passage 2956 of 9271 · Latin

Summary

Paulus states that even if the original loan is interest-free, the creditor is permitted to retain interest up to the legal limit from the fruits of the pledged property.

[PAULUS libro secundo sententiarum. ] §20.2.8.prCum debitor gratuita pecunia utatur, potest creditor de fructibus rei sibi pigneratae ad modum legitimum usuras retinere.
[PAULUS, in his second book of Opinions.] Even if the debtor uses the money interest-free, the creditor can retain interest from the fruits of the thing pledged to him up to the legal limit.

Notes

  1. §20.2.8.prCum... utatur — A cum-clause taking the subjunctive present utatur. It introduces a concessive or situational circumstance meaning "even though / since the loan itself was interest-free."
  2. §20.2.8.prgratuita pecunia — A ablative serving as the object of the deponent verb utor (utatur). It refers to interest-free money, i.e., a loan on which no interest was originally agreed.
  3. §20.2.8.prad modum legitimum — Meaning "according to the legal measure/limit." A restrictive adverbial phrase indicating that when the pledgee recovers interest from the fruits of the pledge, it must not exceed the legally permitted maximum interest rate.

Cite this passage

Justinian I, The Digest of Justinian §20.2.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.2.8.pr

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