Humanitext Reader

Justinian I · The Digest of Justinian §42.5.27.pr

Sale of Perishables and Deposit in Trust Preservation

Passage 6976 of 9271 · Latin

Summary

It regulates that when magistrates grant possession to preserve a trust, they may appoint an arbiter to sell perishable items, with the proceeds held as a deposit for the beneficiary until the trust is settled.

[ULPIANUS libro primo de officio consulis. ] §42.5.27.prSi magistratus fideicommissi seruandi causa in possessionem miserint, dare arbitrum possunt ad ea distrahenda, quae mora deteriora futura sunt, ita ut pretium ex his redactum apud fideicommissarium in causa depositi sit, donec de fideicommisso quod ei debetur constet.
[ULPIANUS on the Office of Consul, book 1.] If magistrates, for the purpose of preserving a trust, have granted possession, they can appoint an arbiter to sell those things which are likely to deteriorate by delay, so that the price realized from them may remain with the beneficiary of the trust as a deposit, until it is established concerning the trust which is owed to him.

Notes

  1. §42.5.27.prfideicommissi seruandi causa — A gerundive construction expressing purpose with causa (which takes the genitive). seruandi is in the genitive neuter singular, agreeing with fideicommissi.
  2. §42.5.27.prin possessionem miserint — in possessionem mittere is a legal idiom meaning to grant possession (or custody) of property for creditor protection. The verb miserint is perfect subjunctive (or future perfect indicative) in the condition clause, with the plural noun magistratus as its subject.
  3. §42.5.27.prita ut ... sit — ita ut followed by the present subjunctive sit introduces a conditional or restrictive clause ('provided that', 'on condition that') attached to the act of selling.

Cite this passage

Justinian I, The Digest of Justinian §42.5.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.27.pr

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