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Justinian I · The Digest of Justinian §20.5.8.pr

Creditor Discretion in Choosing Pledged Items for Sale

Passage 2992 of 9271 · Latin

Summary

Explains that it is at the discretion of the creditor to decide which of the pledged items obligated to him to sell in order to obtain satisfaction of his claim.

[MODESTINUS libro quarto regularum. ] §20.5.8.prCreditoris arbitrio permittitur ex pignoribus sibi obligatis quibus uelit distractis ad suum commodum peruenire.
[MODESTINUS from the fourth book of Rules.] It is left to the discretion of the creditor to attain his own advantage by selling whichever of the pledges obligated to him he wishes.

Notes

  1. §20.5.8.prquibus uelit distractis — An ablative absolute construction (or an ablative phrase containing a relative clause) with the relative pronoun `quibus` (referring back to `pignoribus`) and the perfect participle `distractis`, expressing means or condition. Literally "those which he wishes having been sold," meaning "by selling whichever of them he wishes."
  2. §20.5.8.prcreditoris arbitrio — Dative (or ablative) depending on the verb `permittitur` (it is permitted/left), meaning "to the discretion of the creditor." The subject of `permittitur` is the infinitive clause centered on `peruenire`.

Cite this passage

Justinian I, The Digest of Justinian §20.5.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.5.8.pr

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