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Justinian I · The Digest of Justinian §42.5.35.pr

Possession and Pledge on Property of Debtor Absent on State Business

Passage 6984 of 9271 · Latin

Summary

It states that for a creditor put into possession of the property of an absent debtor, the right to remain in possession and the creation of a pledge depend on whether the debtor's absence was with or without malicious intent.

[IDEM libro singulari ad formulam hypothecariam. ] §42.5.35.prEum, qui in possessionem missus sit eius, qui rei publicae causa afuit, si apparuerit eum dolo malo rei publicae causa abesse, iure in possessione esse placet, donec solidum soluatur: eum autem, qui rerum eius, qui sine dolo malo rei publicae causa afuit, in possessionem missus sit, pignus non contrahere et ideo discedere oportere de possessione.
[THE SAME in his single book on the Hypothecary Formula.] It is held that a person who has been put into possession of the property of one who was absent on public business is rightfully in possession until the full amount is paid, if it appears that the debtor is absent on public business with malicious intent; but that a person who has been put into possession of the property of one who was absent on public business without malicious intent does not contract a pledge, and therefore must depart from possession.

Notes

  1. §42.5.35.prin possessionem missus sit eius — The phrase in possessionem mittere refers to the legal procedure (in possessionem missio) of putting a creditor in possession of a debtor's estate. The genitive eius depends on the implied noun rerum, as clarified by rerum eius in the subsequent clause.
  2. §42.5.35.prplacet — The impersonal verb placet ("it is held/approved") is the main verb of the sentence, governing two accusative with infinitive (AcI) constructions separated by the colon: first, eum... iure in possessione esse, and second, eum... pignus non contrahere et ideo discedere oportere.

Cite this passage

Justinian I, The Digest of Justinian §42.5.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.35.pr

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