Humanitext Reader

Justinian I · The Digest of Justinian §41.3.16.pr

Action for Production of a Pledged Slave and Possession

Passage 6768 of 9271 · Latin

Summary

The author discusses that an action for production regarding a pledged slave must be brought against the creditor, and explains the legal nature of possession held by the debtor and the creditor in a pledge.

[IAUOLENUS libro quarto ex Plautio. ] §41.3.16.prSerui nomine, qui pignori datus est, ad exhibendum cum creditore, non cum debitore agendum est, quia qui pignori dedit, ad usucapionem tantum possidet, quod ad reliquas omnes causas pertinet, qui accepit possidet, adeo ut adici possit et possessio eius qui pignori dedit.
[JAVOLENUS, On Plautius, book 4] In the case of a slave who has been given in pledge, an action for production must be brought against the creditor, not against the debtor, because he who gave the pledge possesses only for the purpose of usucapion; as far as all other matters are concerned, he who received it possesses, to such an extent that the possession of him who gave the pledge can also be added.

Notes

  1. 41.3.16.prad exhibendum — A combination of the preposition ad expressing purpose and the gerund exhibendum (producing). It refers to the legal 'action for production' (actio ad exhibendum) and is used in connection with the impersonal passive main verb agendum est (action must be brought).
  2. 41.3.16.prquod ad reliquas omnes causas pertinet — An idiomatic restrictive expression using the relative pronoun quod, meaning 'as far as all other purposes (legal effects) are concerned'. Quod introduces a restrictive relative clause, referring loosely to the overall context or the preceding statement.
  3. 41.3.16.pret possessio — The conjunction et here is used adverbially to mean 'also'. It indicates that the period of possession of the pledgor (debtor) can, under certain conditions, be added to that of the pledgee (creditor) (accessio possessionis).

Cite this passage

Justinian I, The Digest of Justinian §41.3.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.3.16.pr

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