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Justinian I · The Digest of Justinian §20.5.13.pr

Creditor Duty to Cede Rights and Deliver Possession

Passage 2997 of 9271 · Latin

Summary

Describes the obligations of a creditor who exercises his right to sell a pledge, specifically to cede his rights and to deliver possession of the property if he holds it.

[PAULUS libro primo decretorum. ] §20.5.13.prCreditor, qui iure suo pignus distrahit, ius suum cedere debet et, si pignus possidet, tradere utique debet possessionem.
[PAULUS from the first book of Decrees.] A creditor who sells a pledge by his own right must cede his right, and, if he possesses the pledge, he must by all means deliver possession of it.

Notes

  1. §20.5.13.prdistrahit — The verb distrahere is used here in its specific legal sense of "selling" or "disposing of" a pledge to realize its value.
  2. §20.5.13.prius suum cedere — cedere is a transitive verb meaning "to cede" or "to transfer", with ius suum as its direct object. It refers to the creditor's obligation, upon selling the pledge, to transfer his own rights or actions concerning the pledge to the buyer.

Cite this passage

Justinian I, The Digest of Justinian §20.5.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.5.13.pr

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