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Justinian I · The Digest of Justinian §42.5.34.pr

Privileged Claims for Ship Construction and Equipping

Passage 6983 of 9271 · Latin

Summary

This section provides that claims arising from lending money for building, purchasing, equipping, or outfitting a ship, or from the sale of a ship, hold a privilege next in priority after the treasury.

[MARCIANUS libro quinto regularum. ] §42.5.34.prQuod quis nauis fabricandae uel emendae uel armandae uel instruendae causa uel quoquo modo crediderit uel ob nauem uenditam petat, habet priuilegium post fiscum.
[MARCIANUS in his fifth book of Rules.] Whatever anyone has lent for the purpose of building, buying, equipping, or outfitting a ship, or in any manner whatsoever, or claims on account of a ship having been sold, has a privilege next after the treasury.

Notes

  1. §42.5.34.prQuod ... crediderit uel ... petat — The relative clause introduced by the relative pronoun `Quod` (neuter singular accusative) functions as the subject of the main verb `habet` with its antecedent (such as `id`) omitted. The indefinite pronoun `quis` ("anyone") acts as the subject within the relative clause, governing both `crediderit` (perfect subjunctive or future perfect indicative) and `petat` (present subjunctive).
  2. §42.5.34.prnauis fabricandae uel emendae uel armandae uel instruendae causa — The noun `nauis` (genitive singular) is accompanied by four agreeing gerundives (`fabricandae`, `emendae`, `armandae`, `instruendae`), governed by `causa` ("for the purpose of", taking the genitive) to express the purpose of lending.
  3. §42.5.34.prob nauem uenditam — The preposition `ob` ("on account of", governing the accusative) is followed by a noun and a perfect passive participle in the so-called *ab urbe condita* construction. It is interpreted as "on account of the sale of the ship" rather than "on account of the sold ship".

Cite this passage

Justinian I, The Digest of Justinian §42.5.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.34.pr

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