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Justinian I · The Digest of Justinian §20.5.2.pr

Surety Purchase of Pledge and Junior Creditor Right to Redeem

Passage 2986 of 9271 · Latin

Summary

This section explains that even if a sued surety acquires a pledged property as a purchaser through the office of the judge, a subsequent creditor still retains the right to offer the surety's paid amount plus interest in order to assert their pledge.

[IDEM libro secundo responsorum. ] §20.5.2.prFideiussor conuentus officio iudicis adsecutus est, ut emptionis titulo praedium creditori pignori datum susciperet: nihilo minus alteri creditori, qui postea sub eodem pignore contraxit, offerendae pecuniae, quam fideiussor dependit, cum usuris medii temporis facultas erit: nam huiusmodi uenditio transferendi pignoris causa necessitate iuris fieri solet.
[BY THE SAME AUTHOR from the second book of Opinions.] A surety who was sued obtained, through the office of the judge, the right to take over under the title of purchase the estate which had been given in pledge to the creditor. Nevertheless, another creditor, who subsequently contracted under the same pledge, will have the opportunity of offering the money which the surety paid out, together with interest for the intervening time; for a sale of this kind is accustomed to be made through legal necessity for the purpose of transferring the pledge.

Notes

  1. §20.5.2.prFideiussor conuentus — The perfect passive participle conuentus modifies the nominative noun Fideiussor, meaning "a surety who has been sued (by the creditor for payment)."
  2. §20.5.2.profficio iudicis — Ablative of means. It refers to the "office or discretionary power of the judge (officium iudicis)" in Roman law, indicating that the surety's acquisition of the property was realized through judicial intervention.
  3. §20.5.2.profferendae pecuniae... facultas erit — A genitive construction of the gerundive modifying facultas (opportunity/right). It establishes that the subsequent creditor retains the "right of offering" the paid sum (with interest) to the prior surety in order to secure their interest.
  4. §20.5.2.prtransferendi pignoris causa — A construction of causa with the genitive of the gerundive expressing purpose. The gerundive transferendi agrees in case with the noun pignoris, meaning "for the purpose of transferring the pledge."

Cite this passage

Justinian I, The Digest of Justinian §20.5.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.5.2.pr

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