Humanitext Reader

Justinian I · The Digest of Justinian §42.3.7.pr

Resale of Goods upon Acquisition of Sufficient New Assets

Passage 6931 of 9271 · Latin

Summary

It explains that even after a debtor's goods have been sold, a further sale of the debtor's newly acquired goods is permitted upon the creditors' petition, provided that the debtor has acquired sufficient resources to move the praetor to grant it.

[MODESTINUS libro secundo pandectarum. ] §42.3.7.prSi debitoris bona uenierint, postulantibus creditoribus permittitur rursum eiusdem debitoris bona distrahi, donec suum consequantur, si tales tamen facultates adquisitae sunt debitori, quibus praetor moueri possit.
[MODESTINUS in the second book of the Pandects.] If the goods of a debtor have been sold, it is permitted, upon the petition of the creditors, for the goods of the same debtor to be sold again until they recover what is due to them, provided, however, that such resources have been acquired by the debtor as can move the praetor.

Notes

  1. §42.3.7.pruenierint — The third-person plural perfect (or future perfect) indicative of ueneo (to be sold). Though spelled similarly to uenerint from uenire (to come), it serves as the passive of uendo (to sell), meaning "if the goods of a debtor have been sold."
  2. §42.3.7.prpostulantibus creditoribus — An ablative absolute construction with the present participle postulantibus, expressing condition ("if the creditors petition") or time ("when the creditors petition").
  3. §42.3.7.prquibus praetor moueri possit — A relative clause of characteristic or result accompanying the subjunctive possit, modifying the preceding tales (with quibus as an ablative of means). It denotes resources of such a nature or degree that the praetor can be moved by them to permit another sale.

Cite this passage

Justinian I, The Digest of Justinian §42.3.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.3.7.pr

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