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Justinian I · The Digest of Justinian §20.4.6.pr-20.4.6.2

Priority of Loans for Maintenance and Preservation Costs

Passage 2969 of 9271 · Latin

Summary

It explains the legal principle that loans made for the preservation or maintenance of a pledge—such as for sailors' provisions, freight of goods, or rent for warehouses—are given priority, even if they are subsequent in time.

[IDEM libro septuagesimo tertio ad edictum. ] §20.4.6.prhuius enim pecunia saluam fecit totius pignoris causam.
[THE SAME, in his seventy-third book on the edict.] For this person's money preserved the condition of the entire pledge.
quod poterit quis admittere et si in cibaria nautarum fuerit creditum, sine quibus nauis salua peruenire non poterat.
This may be admitted also if the loan was made for the provisions of the sailors, without which the ship could not have arrived safely.
§20.4.6.1Item si quis in merces sibi obligatas crediderit, uel ut saluae fiant uel ut naulum exsoluatur, potentior erit, licet posterior sit: nam et ipsum naulum potentius est.
Likewise, if anyone lends money on goods pledged to himself, either that they may be preserved or that the freight may be paid, he will be preferred, even though he is subsequent in time; for the freight itself is preferred.
§20.4.6.2Tantundem dicetur, et si merces horreorum uel areae uel uecturae iumentorum debetur: nam et hic potentior erit.
The same shall be said if the rent of warehouses or of a plot of land, or the carriage of beasts of burden is owed; for here too he will be preferred.

Notes

  1. §20.4.6.prtotius pignoris causam — The noun "causa" here does not mean "cause" or "reason", but rather the "condition", "status", or "legal value" of the pledge. The creditor's money preserved the entire asset from being lost, thereby maintaining its value as security.
  2. §20.4.6.prfuerit creditum — An impersonal passive construction of "credo". "fuerit creditum" means "a loan was made / credit was given", where the prepositional phrase "in cibaria" indicates the purpose or target to which the loan was applied.
  3. §20.4.6.2merces — While "merces" in the preceding section (§20.4.6.1) is the accusative plural of "merx" (goods, merchandise), "merces" in this section (§20.4.6.2) is the nominative singular of "merces" (rent, wages, fee). The latter agrees with the singular passive verb "debetur".

Cite this passage

Justinian I, The Digest of Justinian §20.4.6.pr-20.4.6.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.4.6.pr-20.4.6.2

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