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Justinian I · The Digest of Justinian §20.4.18.pr

Prior Creditor Priority for Accrued Interest

Passage 2981 of 9271 · Latin

Summary

In a case involving two creditors who lent money to the same debtor under the same pledge, the question is raised whether the prior creditor Titius has priority also for the interest accrued after the subsequent loan. It is answered that Titius has priority for everything owed to him.

[SCAEUOLA libro primo responsorum. ] §20.4.18.prLucius Titius pecuniam mutuam dedit sub usuris acceptis pignoribus, eidemque debitori Maeuius sub isdem pignoribus pecuniam dedit: quaero, an Titius non tantum sortis et earum usurarum nomine, quae accesserunt antequam Maeuius crederet, sed etiam earum, quae postea accesserunt, potior esset.
[SCAEVOLA, in his first book of Opinions.] Lucius Titius lent money on interest, having received pledges, and Maevius lent money to the same debtor under the same pledges. I ask whether Titius would be prior in right not only in respect of the principal and those interests which accrued before Maevius lent, but also in respect of those which accrued afterwards.
respondit Lucium Titium in omne quod ei debetur potiorem esse.
He replied that Lucius Titius is prior in right for everything that is owed to him.

Notes

  1. 20.4.18.pracceptis pignoribus — An ablative absolute construction, indicating the preceding condition or circumstance "pledges having been received".
  2. 20.4.18.prpotior esset — Subjunctive imperfect in the indirect question clause (an ... potior esset). Although the main verb "quaero" (I ask) is in the present tense, the subjunctive imperfect is used following the historical sequence of tenses because the question concerns past transactions (dedit).
  3. 20.4.18.prin omne quod ei debetur — Meaning "for everything that is owed to him (Titius)". Here, "debetur" (is owed) encompasses not only the principal (sors) but also all interest secured under the contract, including that which accrued after the subsequent loan.

Cite this passage

Justinian I, The Digest of Justinian §20.4.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.4.18.pr

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