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Justinian I · The Digest of Justinian §20.4.10.pr

Priority of Heir over Pledges Seized under Judgment

Passage 2973 of 9271 · Latin

Summary

This section explains that when a judgment is lawfully rendered and a pledge is seized by proper authority, the heir of the party for whom the pledge was established prevails by the privilege of time.

[ULPIANUS libro primo responsorum. ] §20.4.10.prSi et iure iudicatum et pignus in causa iudicati ex auctoritate eius qui iubere potuit captum est, priuilegiis temporis fore potiorem heredem eius, in cuius persona pignus constitutum est.
[ULPIAN, in his first book of opinions.] If a judgment has been lawfully rendered, and also a pledge has been taken for the sake of the judgment by the authority of one who had the power to order it, (he replied) that the heir of the person in whose personal capacity the pledge was established would have a stronger right by the privilege of time.

Notes

  1. §20.4.10.prfore potiorem heredem — An accusative with infinitive (A.C.I.) construction where the governing verb of speaking (such as 'respondit') is omitted. 'fore' (futurum esse) is the future infinitive, 'heredem' is its subject accusative, and 'potiorem' is the predicate accusative, meaning '(he replied) that the heir would have a stronger right'.
  2. §20.4.10.pret iure iudicatum et pignus... captum est — The correlative conjunctions 'et... et...' (both... and...) link two conditions. In the first clause, 'iure iudicatum [est]', the auxiliary verb 'est' is omitted, sharing it with 'captum est' in the second clause to form the passive verbs within the conditional 'si' clause.
  3. §20.4.10.prin cuius persona — 'persona' here refers to the status, identity, or capacity of a person. 'in cuius persona' means 'in whose personal capacity' or 'on whose account', referring to the debtor for whom the pledge was established.

Cite this passage

Justinian I, The Digest of Justinian §20.4.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.4.10.pr

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