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Justinian I · The Digest of Justinian §20.5.5.pr-20.5.5.1

Sale of Pledge by Subrogated Creditor and Tender of Payment

Passage 2989 of 9271 · Latin

Summary

The text states that when a second creditor succeeds to the position of a prior creditor by paying them off, they can rightfully sell the pledge to recover both the amount paid and their own credit; it also addresses the validity of a tender of payment to a second creditor or guarantor who has taken over the pledge.

[MARCIANUS libro singulari ad formulam hypothecariam. ] §20.5.5.prCum secundus creditor oblata priori pecunia in locum eius successerit, uenditionem ob pecuniam solutam et creditam recte facit.
[MARCIANUS from the single book on the Hypothecary Formula.] When the second creditor, by offering money to the prior creditor, has succeeded to his position, he rightfully makes a sale on account of the money paid and credited.
§20.5.5.1Si secundus creditor uel fideiussor soluta pecunia pignora susceperint, recte eis offertur, quamuis emptionis titulo ea tenuerunt.
If the second creditor or a guarantor, having paid the money, has taken over the pledges, an offer of payment is rightfully made to them, even though they held them under the title of purchase.

Notes

  1. §20.5.5.problata priori pecunia — An ablative absolute construction. The substantively used "priori" is a dative meaning "to the prior creditor," associated with "oblata" and "pecunia."
  2. §20.5.5.prob pecuniam solutam et creditam — "solutam" refers to the money paid to the prior creditor in order to succeed to his position, whereas "creditam" refers to the money originally loaned by the second creditor himself to the debtor. The sale can be made for the sum of both.
  3. §20.5.5.1recte eis offertur — "offertur" is used either impersonally in the passive or with an implied subject such as "the offer of payment," meaning "an offer of payment is rightfully made to them" by the debtor.

Cite this passage

Justinian I, The Digest of Justinian §20.5.5.pr-20.5.5.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.5.5.pr-20.5.5.1

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