Humanitext Reader

Justinian I · The Digest of Justinian §20.4.21.pr-20.4.21.1

Priority of Prior Private Pledgee over Fiscus and Public Sale

Passage 2984 of 9271 · Latin

Summary

This chunk discusses the priority of Seia's pledge over the fiscus after a novation of her debt, and the priority of a creditor's pledge of stones over a procurator's sale of them for unpaid warehouse rent, concluding in both cases that the prior private pledgee has priority based on the facts proposed.

[SCAEUOLA libro uicesimo septimo digestorum. ] §20.4.21.prTitius Seiae ob summam, qua ex tutela ei condemnatus erat, obligauit pignori omnia bona sua quae habebat quaeque habiturus esset: postea mutuatus a fisco pecuniam pignori ei res suas omnes obligauit: et intulit Seiae partem debiti et reliquam summam nouatione facta eidem promisit, in qua obligatione similiter ut supra de pignore conuenit.
[SCAEUOLA libro uicesimo septimo digestorum.] Titius pledged to Seia, for the sum which he had been condemned to pay her on account of guardianship, all his property which he had and which he should have in the future. Afterwards, having borrowed money from the fiscus, he pledged all his property to it. He then paid Seia part of the debt, and having made a novation, promised the remaining sum to her, in which obligation it was agreed concerning the pledge in the same manner as above.
quaesitum est, an Seia praeferenda sit fisco et in illis rebus, quas Titius tempore prioris obligationis habuit, item in his rebus, quas post priorem obligationem adquisiit, donec uniuersum debitum suum consequatur.
The question was raised whether Seia should be preferred to the fiscus, both in respect of those things which Titius had at the time of the prior obligation, and in respect of those things which he acquired after the prior obligation, until she should obtain her entire debt.
respondit nihil proponi, cur non sit praeferenda.
He answered that nothing was proposed why she should not be preferred.
§20.4.21.1Negotiatori marmorum creditur sub pignore lapidum, quorum pretia uenditores ex pecunia creditoris acceperant: idem debitor conductor horreorum Caesaris fuit, ob quorum pensiones aliquot annis non solutas procurator exactioni praepositus ad lapidum uenditionem officium suum extendit: quaesitum est, an iure pignoris eos creditor retinere possit.
A marble merchant was lent money under a pledge of stones, the prices of which the sellers had received from the creditor's money. The same debtor was the lessee of Caesar's warehouses, and because their rent had not been paid for several years, the procurator in charge of collection extended his authority to the sale of the stones. The question was raised whether the creditor could retain them by right of pledge.
respondit secundum ea quae proponerentur posse.
He answered that according to the facts proposed, he could.

Notes

  1. §20.4.21.prqua ex tutela ei condemnatus erat — Titius is the subject. 'tutela' refers to the guardianship lawsuit (actio tutelae) to hold the tutor liable after the end of guardianship. 'ex tutela' means 'on account of/arising from the guardianship', and 'condemnatus erat' indicates that he had been condemned to pay a specific sum.
  2. §20.4.21.prnouatione facta eidem promisit — 'having made a novation' (ablative absolute), 'he promised her'. 'promittere' here implies that the existing obligation was novated into a new obligation by means of a verbal contract (stipulatio).
  3. §20.4.21.prnihil proponi, cur non sit praeferenda — Accusative with infinitive construction in indirect speech after 'respondit'. 'nihil' is the subject accusative, and 'proponi' is the present passive infinitive. Literally, 'that nothing is proposed why she should not be preferred' (cur non sit praeferenda, subjunctive present passive), which functions as a double negation meaning she should be preferred.
  4. §20.4.21.1Negotiatori marmorum creditur sub pignore — 'creditur' is the impersonal passive of the intransitive verb 'credo' (to lend, trust), taking the dative 'negotiatori marmorum' (to a marble merchant), meaning 'money is lent to a marble merchant (under a pledge)'.
  5. §20.4.21.1ob quorum pensiones aliquot annis non solutas — 'quorum' is a relative pronoun whose antecedent is 'horreorum' (warehouses). 'pensiones' means 'rents'. Thus: 'because (ob) the rents of which had not been paid (non solutas) for several years (aliquot annis, ablative of time/duration)'.
  6. §20.4.21.1respondit secundum ea quae proponerentur posse — 'posse' is the infinitive in the accusative-with-infinitive construction, with the subject accusative 'creditor' (and the action 'retinere') understood from the preceding question, meaning '[the creditor] can [retain them]'. 'secundum ea quae proponerentur' ('according to those things which were proposed', subjunctive imperfect passive) shows the jurist's cautious qualification based strictly on the proposed facts.

Cite this passage

Justinian I, The Digest of Justinian §20.4.21.pr-20.4.21.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.4.21.pr-20.4.21.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.