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Justinian I · The Digest of Justinian §42.3.3.pr

Prevention of Sale by Defense After Surrender of Goods

Passage 6927 of 9271 · Latin

Summary

Explains that a debtor who has surrendered his goods does not lose them before the sale, and if he is prepared to defend himself, his goods are not sold.

[IDEM libro quinquagensimo octauo ad edictum. ] §42.3.3.prIs, qui bonis cessit, ante rerum uenditionem utique bonis suis non caret: quare si paratus fuerit se defendere, bona eius non ueneunt.
[THE SAME in the fifty-eighth book on the Edict.] He who has surrendered his goods does not indeed lack his goods before the sale of the things; therefore, if he is prepared to defend himself, his goods are not sold.

Notes

  1. §42.3.3.prbonis suis non caret — The ablative bonis suis is an ablative of separation or deprivation governed by the verb caret (to lack, be deprived of). It indicates that the surrender of goods (cessio bonorum) does not result in the final loss of property until the actual sale (uenditio) occurs.
  2. §42.3.3.prueneunt — The third-person plural present indicative active of the irregular verb ueneo (to be sold), which functions semantically as the passive of uendo (to sell).

Cite this passage

Justinian I, The Digest of Justinian §42.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.3.3.pr

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