Humanitext Reader

Justinian I · The Digest of Justinian §20.6.15.pr

Acceptance of Payment by Heir of Prior and Later Creditors

Passage 3014 of 9271 · Latin

Summary

In a case where the inheritances of both a prior creditor and a subsequent creditor devolve upon the same person, if the debtor offers to pay the debt of the subsequent creditor, the heir must accept it while preserving the right of pledge from the prior contract.

[SCAEUOLA libro sexto digestorum. ] §20.6.15.prPrimi creditoris, qui pignori praedia acceperat, et posterioris, cui quidam ex isdem fundis dati erant, ad eandem personam hereditas deuenerat: debitor offerebat, quantum a posteriore creditore mutuatus fuerat.
[SCAEVOLA in the sixth book of his Digests.] The inheritance of the first creditor, who had received the estates as a pledge, and that of the subsequent creditor, to whom some of the same lands had been given, had devolved upon the same person. The debtor offered as much as he had borrowed from the subsequent creditor.
respondit cogendum accipere saluo iure pignoris prioris contractus.
He answered that the person should be compelled to accept it, without prejudice to the right of pledge of the prior contract.

Notes

  1. §20.6.15.prPrimi creditoris ... hereditas — The genitives primi creditoris and posterioris modify hereditas, meaning 'the inheritance of the first creditor and that of the subsequent creditor'. Both inheritances devolved upon the same person.
  2. §20.6.15.prcogendum — An accusative with infinitive construction (indirect speech) where the verb esse and its subject accusative (eum, referring to the person who inherited) are omitted with the gerundive cogendum. It means 'that he should be compelled to accept'.
  3. §20.6.15.prsaluo iure — An ablative absolute construction (or a related idiomatic expression) consisting of the adjective saluus (unimpaired) and the noun ius (right), meaning 'without prejudice to the right' or 'saving the right of'. Here, it conditions the acceptance on the preservation of the right of pledge from the prior contract.

Cite this passage

Justinian I, The Digest of Justinian §20.6.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.6.15.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.