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Justinian I · The Digest of Justinian §20.5.6.pr

Purchase of Pledge by Junior Creditor and Debtor Tender

Passage 2990 of 9271 · Latin

Summary

This section states that when a subsequent creditor purchases a pledge from a prior creditor, the transaction is understood as an act to preserve his own pledge rather than to acquire ownership, thereby allowing the debtor to still offer payment to him.

[MODESTINUS libro octauo regularum. ] §20.5.6.prCum posterior creditor a priore pignus emit, non tam adquirendi dominii quam seruandi pignoris sui causa intellegitur pecuniam dedisse et ideo offerri ei a debitore potest.
[MODESTINUS from the eighth book of Rules.] When a subsequent creditor buys a pledge from a prior creditor, he is understood to have paid the money not so much for the purpose of acquiring ownership as for the purpose of preserving his own pledge, and therefore an offer of payment can be made to him by the debtor.

Notes

  1. §20.5.6.printellegitur pecuniam dedisse — The main verb 'intellegitur' takes a personal passive construction (nominative with infinitive) with 'posterior creditor' as its subject. Thus, the logical subject of the perfect infinitive 'dedisse' is also 'posterior creditor'.
  2. §20.5.6.profferri — The present passive infinitive of 'offerre'. It is understood impersonally as 'an offer [of payment] can be made', or with the implied money/debt (pecunia) as its subject. It indicates that the debtor retains the right to offer payment to redeem the pledge.

Cite this passage

Justinian I, The Digest of Justinian §20.5.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.5.6.pr

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