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Justinian I · The Digest of Justinian §42.6.4.pr-42.6.4.1

Separation for Conditional Creditors and Rights of Legatees

Passage 6993 of 9271 · Latin

Summary

This section explains that separation of goods is granted to creditors with future or conditional claims, and that legatees enjoy the status of a pledge only regarding the portion of goods that could be preserved.

[IDEM libro duodecimo responsorum. ] §42.6.4.prCreditoribus, qui ex die uel sub condicione debentur et propter hoc nondum pecuniam petere possunt, aeque separatio dabitur, quoniam et ipsis cautione communi consuletur.
[THE SAME, Opinions, Book 12] To creditors who are owed as of a certain day or under a condition and because of this cannot yet demand money, separation of goods will equally be granted, since provision will be made for them as well by a common security.
§42.6.4.1Legatarios autem in ea tantum parte, quae de bonis seruari potuit, habere pignoris causam conuenit.
On the other hand, it is agreed that legatees have the status of a pledge only in respect of that part which could be saved from the goods.

Notes

  1. 42.6.4.prdebentur — The third-person plural present passive indicative of the transitive verb debeo (to owe). With creditoribus (creditors) as the antecedent of the subject relative pronoun qui, it literally means 'those to whom obligation is owed', thus referring to the creditors.
  2. 42.6.4.prconsuletur — The third-person singular future passive indicative of the intransitive verb consulo (to consult for, provide for). It is used impersonally with the dative (et ipsis), meaning 'provision will be made for them as well'. The ablative of means cautione communi (by a common security) modifies this verb.
  3. 42.6.4.1legatarios ... habere ... conuenit — An accusative with infinitive (ACI) construction, where the accusative legatarios functions as the subject and the infinitive habere as the predicate, serves as the subject of the impersonal verb conuenit (it is agreed, it is fitting).

Cite this passage

Justinian I, The Digest of Justinian §42.6.4.pr-42.6.4.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.6.4.pr-42.6.4.1

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