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Justinian I · The Digest of Justinian §20.5.3.pr-20.5.3.1

Seller of Pledge and Junior Creditor Right to Redeem

Passage 2987 of 9271 · Latin

Summary

It explains that while a sale by the prior creditor under an agreement extinguishes the second creditor's right to redeem, a sale by the debtor himself allows the second creditor to redeem the pledge from the purchaser.

[IDEM libro tertio responsorum. ] §20.5.3.prCum prior creditor pignus iure conuentionis uendidit, secundo creditori non superesse ius offerendae pecuniae conuenit.
[BY THE SAME AUTHOR from the third book of Opinions.] When the prior creditor has sold the pledge by the right of agreement, it is agreed that the second creditor does not retain the right of offering the money.
§20.5.3.1Si tamen debitor non interueniente creditore pignus uendiderit eiusque pretium priori creditori soluerit, emptori poterit offerri quod ad alium creditorem de nummis eius peruenit et usurae medii temporis: nihil enim interest, debitor pignus datum uendidit an denuo pignori obliget.
If, however, the debtor has sold the pledge without the intervention of the creditor, and has paid the price thereof to the prior creditor, there can be offered to the purchaser that which reached the other creditor from his money, and the interest for the intervening time; for it makes no difference whether the debtor sold the pledge already given, or bound it in pledge anew.

Notes

  1. §20.5.3.prconuenit — An impersonal verb, with the accusative and infinitive clause "secundo creditori non superesse..." functioning as its subject. It means "it is agreed" or "it is well established."
  2. §20.5.3.1quod ad alium creditorem de nummis eius peruenit — "eius" refers to the purchaser (emptori), and "alium creditorem" (the other creditor) refers to the prior creditor who has already been paid. As a whole, the clause means "the amount which, out of the purchaser's money, reached the prior creditor," serving as part of the subject of "poterit offerri" (together with "usurae").
  3. §20.5.3.1debitor pignus datum uendidit an denuo pignori obliget — An indirect question clause introduced by "nihil interest." The indicative perfect "uendidit" and the subjunctive present "obliget" are coordinated by "an," explaining that there is no difference in legal effect whether the debtor sold the already pledged asset or pledged it anew.

Cite this passage

Justinian I, The Digest of Justinian §20.5.3.pr-20.5.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.5.3.pr-20.5.3.1

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