Justinian I · The Digest of Justinian §41.1.46.pr

Sale of Pledged Property and Transfer by Non-Owners

Passage 6676 of 9271 · Latin

Summary

As an example of a non-owner transferring ownership to another, the text presents the case of a creditor selling a pledge and thereby providing a basis for ownership to the buyer.

[ULPIANUS libro sexagensimo quinto ad edictum. ] §41.1.46.prNon est nouum, ut qui dominium non habeat, alii dominium praebeat: nam et creditor pignus uendendo causam dominii praestat, quam ipse non habuit.

[ULPIANUS, from the Commentary on the Edict, book 65] It is not a novel thing that one who does not have ownership should bestow ownership on another; for even a creditor, by selling a pledge, provides a basis for ownership which he himself did not have.

Notes

§41.1.46.prNon est nouum, ut — The `ut` clause (governing the subjunctive verb `praebeat`) functions as the subject of the impersonal expression `non est nouum` ("it is not a novel thing").
§41.1.46.prquam ipse non habuit — The antecedent of the relative pronoun `quam` (feminine accusative singular) is `causam`. This clause highlights the legal principle that a creditor, although lacking ownership of the pledged property, can nevertheless provide the buyer with a "basis for ownership" which the creditor himself did not possess.

Cite this passage

Justinian I, The Digest of Justinian §41.1.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.46.pr

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