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Justinian I · The Digest of Justinian §33.8.7.pr

Deduction from Peculium when Debtor is Arrogated by Creditor

Passage 5096 of 9271 · Latin

Summary

Pomponius' opinion that if a debtor gives himself in arrogation to his creditor, and an action concerning the peculium is brought against the arrogator, the same rule as for the heir applies, allowing the debt to be deducted from the peculium.

[POMPONIUS libro septimo ad Sabinum. ] §33.8.7.prSi quis creditori suo adrogandum se dederit et agetur de peculio cum adrogatore, idem puto dicendum, quod de herede dicitur.
[POMPONIUS on Sabinus, Book VII] If anyone should give himself to his creditor to be arrogated, and an action concerning the peculium is brought against the arrogator, I think that the same must be said as is said of the heir.

Notes

  1. §33.8.7.pradrogandum se dederit — The gerundive (future passive participle) `adrogandum` modifies `se` and expresses purpose ("to be arrogated"). `adrogatio` (arrogation) refers to the specific Roman legal procedure in which a person who is *sui iuris* (independent) is adopted by another *pater familias*.
  2. §33.8.7.pridem puto dicendum — An accusative with infinitive construction dependent on `puto`, with `esse` omitted from the passive periphrastic form `dicendum [esse]`, which expresses necessity or obligation ("I think that the same must be said").
  3. §33.8.7.prquod de herede dicitur — The relative pronoun `quod` refers back to the antecedent `idem`. This clause refers to the rule in the immediately preceding section (33.8.6.5) that a debt owed to the heir is deducted from the peculium, indicating here that the debt owed by the arrogated person to the arrogator (the former creditor) before the arrogation should also be deducted in an action concerning the peculium.

Cite this passage

Justinian I, The Digest of Justinian §33.8.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.8.7.pr

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