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Justinian I · The Digest of Justinian §25.2.18.pr

Concurrent Condictio for Removed Pledged Property

Passage 3693 of 9271 · Latin

Summary

This section rules that concerning the removal of pledged property, the condictio is available to the owner as well as the husband, but only one of them is permitted to bring the action.

[PAULUS libro sexto quaestionum. ] §25.2.18.prsed et domino condictio competet.
[PAULUS, Questions, book 6.] But a condictio will also be available to the owner.
sed alterutri agere permittendum est.
However, only one of the two must be permitted to bring the action.

Notes

  1. §25.2.18.prdomino — Dative of complement with competet. It refers to the "owner" of the property pledged to the husband, as mentioned in the preceding section (§25.2.17.3). Not only the husband (the pledgee) but also the true owner can bring the condictio.
  2. §25.2.18.pralterutri — Dative of the pronominal adjective alteruter ("either of the two"), dependent on the impersonal gerundive construction permittendum est. It indicates that only one of the two parties (the husband as pledgee or the owner) is allowed to exercise the right of action, to prevent double recovery.

Cite this passage

Justinian I, The Digest of Justinian §25.2.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.18.pr

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