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Justinian I · The Digest of Justinian §42.4.14.pr-42.4.14.2

Remedies for Prevention of Possession and Conditional Creditors

Passage 6948 of 9271 · Latin

Summary

This passage regulates the action against preventing a creditor's entry into possession, the valuation of a legacy when possession for preservation is denied, and the exclusion of conditional creditors from taking possession.

[PAULUS libro secundo quaestionum. ] §42.4.14.prSi quis creditorem prohibuerit bona debitoris ingredi, datur in eum actio, quanti ea res sit.
[PAULUS, book two of Questions.] If anyone prevents a creditor from entering upon the property of a debtor, an action is granted against him for the value of the matter.
§42.4.14.1Sed et si quis legatorum seruandorum causa missus in possessionem admissus non est, si legati condicio pendeat, licet possit deficere, aestimatur tamen id quod legatum est, quia interest eius cautum habere.
But even if a person who has been sent into possession for the purpose of preserving legacies is not admitted to possession, although the condition of the legacy is pending and may fail, the value of what was bequeathed is nevertheless estimated, because it is in his interest to have security.
§42.4.14.2Creditor autem condicionalis in possessionem non mittitur, quia is mittitur, qui potest bona ex edicto uendere.
However, a conditional creditor is not sent into possession, because he is sent into possession who can sell the property under the edict.

Notes

  1. §42.4.14.prquanti ea res sit — quanti is a genitive of value. Grammatically, it forms an indirect question clause with the subjunctive verb sit. This phrase serves as the standard for assessing damages, meaning "for as much as the matter is worth."
  2. §42.4.14.1interest eius — The impersonal verb interest ("it concerns," "it is of interest to") takes the genitive of the person concerned, hence the use of the genitive of the third-person pronoun eius.
  3. §42.4.14.1cautum habere — cautum is the perfect passive participle of cavere ("to secure," "to provide surety"). Combined with habere, it expresses the ongoing state of "having security maintained" or "holding a guarantee."

Cite this passage

Justinian I, The Digest of Justinian §42.4.14.pr-42.4.14.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.4.14.pr-42.4.14.2

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