Humanitext Reader

Justinian I · The Digest of Justinian §31.0.85.pr

Legacy of Pledged Property and Claim for Loan

Passage 4814 of 9271 · Latin

Summary

A ruling that a creditor who is bequeathed a pledged object by the debtor is not barred from claiming the underlying loan, unless the testator's intention to offset the debt is clearly evident.

[IDEM libro quarto responsorum. ] §31.0.85.prCreditorem, cui res pignoris iure obligata a debitore legata esset, non prohiberi pecuniam creditam petere, si uoluntas testatoris compensare uolentis euidenter non ostenderetur.
[THE SAME, from the fourth book of responses.] A creditor, to whom a thing bound by right of pledge had been bequeathed by the debtor, is not prohibited from claiming the money lent, unless the intention of the testator wishing to effect a set-off is clearly shown.

Notes

  1. §31.0.85.prCreditorem... non prohiberi — As a common stylistic feature of "responses" (responsa), the main governing verb (such as "he responded") is omitted, and the core of the ruling is expressed in an accusative-with-infinitive (ACI) construction.
  2. §31.0.85.prcompensare uolentis — The present participle uolentis (in the genitive) modifies the noun testatoris. It refers to the testator's intention to effect a set-off (compensatio), meaning to cancel the underlying debt by means of the bequest.

Cite this passage

Justinian I, The Digest of Justinian §31.0.85.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.85.pr

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