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Justinian I · The Digest of Justinian §27.9.2.pr

Validity of Pledges Created Simultaneously with Acquisition

Passage 4061 of 9271 · Latin

Summary

Paulus discusses the case where a pledge is acquired simultaneously with ownership, noting that while the pledge is valid in purchases from the fiscus, an imperial favor via rescript is required for purchases from private sellers.

[PAULUS libro singulari ad orationem diui Seueri. ] §27.9.2.prSed hic uidetur illud mouere, quod cum dominio pignus quaesitum est et ab initio obligatio inhaesit.
[PAULUS, in the single book on the Speech of the Divine Severus.] But here, this point seems to raise a difficulty: namely, that the pledge was acquired together with the ownership, and the obligation was attached from the very beginning.
quod si a fisco emerit, nec dubitatio est, quin ius pignoris saluum sit.
But if he should purchase from the fiscus, there is no doubt that the right of pledge is preserved.
si igitur talis species in priuato uenditore inciderit, imperiali beneficio opus est, ut ex rescripto pignus confirmetur.
Therefore, if such a case should occur with a private seller, there is need of an imperial favor so that the pledge may be confirmed by a rescript.

Notes

  1. §27.9.2.prillud mouere — The demonstrative pronoun "illud" anticipates (prolepsis) the following "quod" clause. The verb "mouere" is used here in the sense of "to raise a difficulty" or "to cause hesitation."
  2. §27.9.2.prcum dominio pignus quaesitum est — The preposition "cum" indicates temporal and logical simultaneity. This contrasts with the situation in the preceding section (27.9.1.4), where a pledge is attempted after ownership has already been acquired by the minor; here, the acquisition of ownership and the creation of the pledge occur at the exact same moment.

Cite this passage

Justinian I, The Digest of Justinian §27.9.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.9.2.pr

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