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Justinian I · The Digest of Justinian §42.5.14.pr-42.5.14.1

Appointment of a Curator and Creditor's Duty to Restore

Passage 6963 of 9271 · Latin

Summary

It stipulates the appointment of a curator to prevent the loss of actions when a creditor is put in possession of a debtor's property, and defines the creditor's liability to restore what was obtained, along with the availability of actions (including an action on the facts) against them.

[PAULUS libro quinquagensimo nono ad edictum. ] §42.5.14.prCreditore in possessionem rerum debitoris misso curator constitui debet, si quaedam actiones periturae sunt.
[Paulus, on the Edict, book 59] When a creditor has been put in possession of the debtor's property, a curator must be appointed if certain actions are about to be lost.
§42.5.14.1Datur in creditorem actio, qui in possessionem missus est, de eo quod ex bonis debitoris ad eum peruenit: si nondum sit aliquid consecutus, actiones suas praestabit.
An action is granted against a creditor who has been put in possession, in respect of what has come to him from the debtor's goods; if he has not yet obtained anything, he shall make over his own actions.
datur autem in factum actio aduersus eum et omne, quod in actionem negotiorum gestorum ueniret, si posset agi, restituendum a creditore.
Moreover, an action on the facts is granted against him, and everything that would come under an action for business management, if such could be brought, must be restored by the creditor.

Notes

  1. §42.5.14.prperiturae sunt — The word periturae is the active future participle of the irregular verb perire (to perish, to be lost). Combined with the copula sunt, it forms the first active periphrastic conjugation, expressing an imminent future or likelihood ('about to be lost' or 'at risk of being extinguished').
  2. §42.5.14.1omne, quod in actionem negotiorum gestorum ueniret, si posset agi, restituendum a creditore — In this clause, the gerundive of obligation restituendum [esse] has esse omitted. The subjunctive imperfect verbs posset (in the conditional clause si posset agi) and ueniret (in the relative clause functioning as the apodosis) represent a contrary-to-fact condition ('if it could be brought... would come'). The agent of the restoration is expressed by the ablative a creditore.

Cite this passage

Justinian I, The Digest of Justinian §42.5.14.pr-42.5.14.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.14.pr-42.5.14.1

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