Humanitext Reader

Justinian I · The Digest of Justinian §20.5.11.pr

Pledge Sale by Heirs Assigned Claims in Estate Division

Passage 2995 of 9271 · Latin

Summary

The author answers that when claims against common debtors are assigned to individual heirs for the whole amount, each heir is permitted to sell the pledge for the whole amount if the debtors default.

[SCAEUOLA libro primo responsorum. ] §20.5.11.prArbiter diuidendae hereditatis cum corpora hereditaria diuisisset, nomina quoque communium debitorum separatim singulis in solidum adsignauit: quaesitum est, an debitoribus cessantibus pro solido pignus uendere quisque potest.
[SCAEVOLA from the first book of Responses.] When the arbiter for the division of an inheritance had divided the corporeal property of the estate, he also assigned the claims against common debtors to the individual heirs separately for the whole amount. The question was asked whether, if the debtors defaulted, each heir could sell the pledge for the whole amount.
respondi posse.
I answered that they could.

Notes

  1. §20.5.11.prnomina — While "nomen" (plural "nomina") generally means "name," in legal contexts it refers to "claims" or "debts" registered under a name in an account book. Here it refers to the claims against common debtors.
  2. §20.5.11.prin solidum — A legal adverbial phrase meaning "for the whole amount" or "jointly and severally." In the division of an inheritance, claims were normally split proportionally among heirs, but here the arbiter assigned the claim in its entirety to an individual heir.
  3. §20.5.11.prdebitoribus cessantibus — An ablative absolute construction consisting of the noun "debitor" and the present participle of "cesso." It functions conditionally, meaning "if the debtors should default."

Cite this passage

Justinian I, The Digest of Justinian §20.5.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.5.11.pr

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