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Justinian I · The Digest of Justinian §20.6.10.pr-20.6.10.1

Restoration of Pledge and Ownership after Sale Rescission

Passage 3009 of 9271 · Latin

Summary

Discusses how the creditor's right of pledge is restored if a authorized sale of the pledge is mutually rescinded, and explains that whenever a sale of another's property by an authorized person is dissolved, the ownership reverts to its original state.

[PAULUS libro tertio quaestionum. ] §20.6.10.prUoluntate creditoris pignus debitor uendidit et postea placuit inter eum et emptorem, ut a uenditione discederent.
[PAULUS from the third book of Questions.] With the consent of the creditor, the debtor sold the pledge, and afterwards it was agreed between him and the purchaser that they should withdraw from the sale.
ius pignorum saluum erit creditori: nam sicut debitori, ita et creditori pristinum ius restituitur, neque omni modo creditor pignus remittit, sed ita demum, si emptor rem retineat nec reddat uenditori.
The right of pledge will remain intact for the creditor; for just as to the debtor, so also to the creditor is the former right restored, and the creditor does not release the pledge absolutely, but only if the purchaser retains the thing and does not return it to the seller.
et ideo si iudicio quoque accepto uenditor absolutus sit uel quia non tradebat in id quod interest condemnatus, saluum fore pignus creditori dicendum est: haec enim accidere potuissent, etiamsi non uoluntate creditoris uendidisset.
And therefore, if, even after a trial has been accepted, the seller is acquitted, or has been condemned in damages because he did not deliver it, it must be said that the pledge will remain intact for the creditor; for these things could have happened even if he had sold it without the consent of the creditor.
§20.6.10.1Creditor quoque si pignus distraxit et ex uenditione recessum fuerit uel homo redhibitus, dominium ad debitorem reuertitur.
Also, if the creditor has sold the pledge, and there has been a withdrawal from the sale, or a slave has been returned (redhibited), the ownership reverts to the debtor.
idemque est in omnibus, quibus concessum est rem alienam uendere: non enim quia dominium transferunt, ideo ab emptore ius recipiunt: sed in pristinam causam res redit resoluta uenditione.
And the same is true for all persons who are permitted to sell the property of another; for they do not receive the right back from the purchaser because they transfer the ownership, but, the sale being rescinded, the thing returns to its former condition.

Notes

  1. §20.6.10.prita demum, si — The adverbial phrase `ita demum` ("only then", "only on this condition") limits the conditional clause introduced by `si`, establishing an exclusive condition under which the creditor is deemed to have released the pledge (i.e., only if the purchaser retains the thing and does not return it).
  2. §20.6.10.priudicio quoque accepto — An ablative absolute construction meaning "even after a trial has been accepted (i.e., after *litis contestatio*)". The conjunction `quoque` ("also", "even") adds a concessive nuance, emphasizing that the preservation of the pledge remains unaffected even if the formal joinder of issue has taken place.
  3. §20.6.10.prin id quod interest — A prepositional phrase modifying `condemnatus`. The preposition `in` indicates the scope or amount of the condemnation, meaning "condemned to the extent of [the plaintiff's] interest" (i.e., in damages for non-performance or non-delivery).

Cite this passage

Justinian I, The Digest of Justinian §20.6.10.pr-20.6.10.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.6.10.pr-20.6.10.1

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