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Justinian I · The Digest of Justinian §20.6.6.pr-20.6.6.2

Extinction of Pledge by Payment, Satisfaction, or Time

Passage 3004 of 9271 · Latin

Summary

Ulpian explains the causes of release of a pledge, such as payment, satisfaction, or expiration of time, distinguishing between being ready to pay and being ready to make satisfaction, and rejects the opinion of Atilicinus regarding the automatic release of pledges upon the giving of security.

[ULPIANUS libro septuagesimo tertio ad edictum. ] §20.6.6.prItem liberatur pignus, siue solutum est debitum siue eo nomine satisfactum est.
[ULPIANUS, in his seventy-third book on the Edict.] Likewise, a pledge is released, whether the debt has been paid or satisfaction has been made on that account.
sed et si tempore finitum pignus est, idem dicere debemus, uel si qua ratione obligatio eius finita est.
But also if the pledge has been terminated by time, we ought to say the same, or if its obligation has been terminated by any means.
§20.6.6.1Qui paratus est soluere, merito pignus uidetur liberasse: qui uero non soluere, sed satisfacere paratus est, in diuersa causa est.
He who is ready to pay is deservedly deemed to have released the pledge; but he who is ready not to pay, but to make satisfaction, is in a different position.
ergo satisfecisse prodest, quia sibi imputare debet creditor, qui satisfactionem admisit uice solutionis: at qui non admittit satisfactionem, sed solutionem desiderat, culpandus non est.
Therefore, to have made satisfaction is beneficial, because the creditor who has admitted satisfaction in place of payment must impute it to himself; but he who does not admit satisfaction, but desires payment, is not to be blamed.
§20.6.6.2In satisdatione autem non utimur Atilicini sententia, qui putabat, si satisdetur alicui certae pecuniae, recedere eum a pignoribus debere.
In the case of giving security, however, we do not follow the opinion of Atilicinus, who thought that if security is given to someone for a certain sum of money, he ought to withdraw from the pledges.

Notes

  1. §20.6.6.preo nomine — The pronoun eo refers back to debitum, meaning "on account of that debt" or "in its name." In Roman law, a distinction is drawn between solutio (actual payment in accordance with the obligation) and satisfactio (satisfaction by other means accepted by the creditor, such as dation in payment).
  2. §20.6.6.1sibi imputare debet creditor, qui satisfactionem admisit — Syntactically, the relative pronoun qui takes creditor from the main clause as its antecedent. The structure means "the creditor who accepted satisfaction in place of (vice followed by the genitive) payment must impute it to himself." Here, sibi is a reflexive pronoun referring back to the subject creditor.
  3. §20.6.6.2si satisdetur alicui certae pecuniae — The impersonal passive voice is used (satisdetur "if security/guarantee is given"). certae pecuniae is in the genitive (or dative) case, indicating the object or scope of the guarantee (satisdare), meaning "for a certain sum of money."

Cite this passage

Justinian I, The Digest of Justinian §20.6.6.pr-20.6.6.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.6.6.pr-20.6.6.2

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