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Justinian I · The Digest of Justinian §20.3.2.pr

Relief for Third-Party Pledgors for Women or Sons in Power

Passage 2960 of 9271 · Latin

Summary

The author discusses whether a third party who provides a pledge for a woman who intervened or for a son in power contrary to a senatusconsultum is entitled to relief, analogous to the sureties in those cases.

[GAIUS libro singulari de formula hypothecaria. ] §20.3.2.prSi alius pro muliere quae intercessit dederit hypothecam, aut pro filio familias cui contra senatus consultum creditum est, an his succurritur, quaeritur.
[GAIUS, in his single book on the Hypothecary Formula.] If another person should give a hypothec for a woman who has intervened, or for a son in power to whom credit has been extended contrary to the senatusconsultum, the question is raised whether relief is granted to them.
et in eo quidem, qui pro muliere obligauit rem suam, facilius dicetur succurri ei, sicuti fideiussori huius mulieris eadem datur exceptio.
And indeed, in the case of him who has pledged his own property for a woman, it will more readily be said that relief is granted to him, just as the same exception is given to the surety of this woman.
sed et in eo, qui pro filio familias rem suam obligauit, eadem dicenda erunt, quae tractantur et in fideiussore eius.
But also in the case of him who has pledged his own property for a son in power, the same things must be said as are discussed also in the case of his surety.

Notes

  1. §20.3.2.prhis — The dative plural `his` refers to the third parties (implied by the singular `alius` in the alternative conditions) who gave a hypothec for either the woman or the son in power.
  2. §20.3.2.printercessit — The verb `intercedere` refers to the act of assuming another person's liability (intercessio). Under the Senatus Consultum Velleianum, such acts by women were generally ineffective and could be opposed by an exception.
  3. §20.3.2.prcontra senatus consultum — The senatusconsultum referred to here is the Senatus Consultum Macedonianum, which prohibited lending money to sons in power and granted an exception against the lender's claim.

Cite this passage

Justinian I, The Digest of Justinian §20.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.3.2.pr

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