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Justinian I · The Digest of Justinian §42.5.37.pr

Survival of a City's Pledge Right by Local Law Privilege

Passage 6986 of 9271 · Latin

Summary

Papinian states that the right of a specific city to pursue a pledge continues to exist, owing to a privilege over the deceased debtor's property acquired under its own local law.

[PAPINIANUS libro decimo responsorum. ] §42.5.37.prAntiochensium Coelae Syriae ciuitati, quod lege sua priuilegium in bonis defuncti debitoris accepit, ius persequendi pignoris durare constitit.
[PAPINIAN in his tenth book of Opinions.] It was held that for the city of the Antiochians of Coele Syria, because it had received by its own law a privilege over the property of a deceased debtor, the right to pursue the pledge continues to exist.

Notes

  1. §42.5.37.prAntiochensium Coelae Syriae ciuitati — The dative form `ciuitati` functions as a dative of advantage or reference, indicating the entity to whom the right (`ius ... durare`) belongs in relation to the impersonal verb `constitit`.
  2. §42.5.37.prquod ... accepit — A causal clause introduced by the conjunction `quod` with the indicative verb `accepit`, expressing an objective reason based on historical fact ("because it had received a privilege...").
  3. §42.5.37.prpersequendi pignoris — A gerundive construction where the genitive of the neuter noun `pignus` (`pignoris`) is modified by the gerundive `persequendi` in agreement of gender, number, and case, functioning as a genitive definition of `ius` ("the right of pursuing the pledge").

Cite this passage

Justinian I, The Digest of Justinian §42.5.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.37.pr

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