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Justinian I · The Digest of Justinian §42.4.6.pr-42.4.6.2

Possession by Conditional Creditors and Absent Debtor Estates

Passage 6939 of 9271 · Latin

Summary

Paul discusses the possession of conditional creditors, the sale of property belonging to those absent with malicious intent, and the administration of the estate of a debtor captured by enemies.

[PAULUS libro quinquagensimo septimo ad edictum. ] §42.4.6.prIn possessionem mitti solet creditor et si sub condicione ei pecunia promissa sit.
A creditor is customarily put into possession even if money has been promised to him under a condition.
§42.4.6.1Cum dicitur: 'et eius, cuius bona possessa sunt a creditoribus, ueneant, praeterquam pupilli et eius, qui rei publicae causa sine dolo malo afuit', intellegimus eius, qui dolo malo afuerit, posse uenire.
When it is said: 'and let the goods of him whose goods have been possessed by creditors be sold, except those of a ward and of him who was absent on public business without malicious intent,' we understand that the goods of him who was absent with malicious intent can be sold.
§42.4.6.2Si ab hostibus quis captus sit, creditores eius in possessionem mittendi sunt, ut tamen non statim bonorum uenditio permittatur, sed interim bonis curator detur.
If anyone has been captured by enemies, his creditors must be put into possession, on the condition, however, that the sale of the goods is not immediately permitted, but in the meantime a curator is appointed for the goods.

Notes

  1. §42.4.6.1posse uenire — The word uenire here is the present active infinitive of ueneō (to be sold, uĕnīre), not of ueniō (to come, uēnīre). The subject noun bona (goods/property) is omitted but understood from the context, meaning 'that [the goods] of him... can be sold'.
  2. §42.4.6.2ut tamen — This introduces a restrictive clause of result/condition ('with the proviso that...', 'provided however that...'), indicating that while possession is granted, immediate sale is prohibited and a curator must be appointed in the meantime.

Cite this passage

Justinian I, The Digest of Justinian §42.4.6.pr-42.4.6.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.4.6.pr-42.4.6.2

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