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Justinian I · The Digest of Justinian §20.4.5.pr

Priority of Subsequent Creditor for Loan to Preserve Pledge

Passage 2968 of 9271 · Latin

Summary

Explains an exception where a subsequent creditor has priority over a prior one, which occurs when the loaned money was spent on preserving the pledged asset, such as equipping or repairing a ship.

[ULPIANUS libro tertio disputationum. ] §20.4.5.prInterdum posterior potior est priori, ut puta si in rem istam conseruandam impensum est quod sequens credidit: ueluti si nauis fuit obligata et ad armandam eam uel reficiendam ego credidero:
[ULPIAN, in his third book of disputations.]\n Sometimes a subsequent creditor is preferred to a prior one, as for instance if that which the subsequent creditor lent was spent on preserving that thing; for example, if a ship was pledged, and I lent money for equipping or repairing her.

Notes

  1. §20.4.5.prin rem istam conseruandam — The preposition `in` combined with the accusative of the gerundive expresses the object or purpose on which the expenditure is made ("on preserving that thing").
  2. §20.4.5.prquod sequens credidit — The relative pronoun `quod` contains its antecedent (`id quod`, "that which"), and the entire clause acts as the subject of `impensum est`. `sequens` (the subsequent creditor) is the subject of `credidit`.
  3. §20.4.5.prad armandam eam uel reficiendam — The combination of the preposition `ad` and the accusative gerundive expresses purpose ("for equipping or repairing her [the ship]"). `eam` refers to the preceding `nauis`.

Cite this passage

Justinian I, The Digest of Justinian §20.4.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.4.5.pr

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