Humanitext Reader

Justinian I · The Digest of Justinian §20.4.17.pr

Protection of Estate Buyer Limited to Prior Debt Paid

Passage 2980 of 9271 · Latin

Summary

Explains that the protection of a person who purchased an encumbered estate from their debtor is limited to the amount of the purchase price that reached the prior creditor.

[IDEM libro sexto responsorum. ] §20.4.17.prEum qui a debitore suo praedium obligatum comparauit, eatenus tuendum, quatenus ad priorem creditorem ex pretio pecunia peruenit.
[THE SAME, in his sixth book of Opinions.] A person who has purchased an encumbered estate from his debtor should be protected to the extent that the money from the purchase price reached the prior creditor.

Notes

  1. §20.4.17.prEum... tuendum — Accusative and infinitive construction with the subject accusative eum and the gerundive tuendum with esse omitted. It expresses a legal rule or opinion. Structurally, the gerundive of the deponent verb tueor is used in a passive sense ("to be protected").
  2. §20.4.17.preatenus... quatenus — Correlative adverbs meaning "to the extent that...". They restrict the protection of the purchaser strictly to the portion of the purchase price that was actually paid to the prior creditor.

Cite this passage

Justinian I, The Digest of Justinian §20.4.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.4.17.pr

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