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Justinian I · The Digest of Justinian §42.8.21.pr

Debtor's Boundary Agreement and Purchaser's Right of Action

Passage 7023 of 9271 · Latin

Summary

Regarding a case where a debtor made a boundary agreement with a neighbor without the creditor's knowledge, Scaevola replies that a purchaser who bought the pledged estate from the creditor is nonetheless able to bring a boundary action.

[SCAEUOLA libro primo responsorum. ] §42.8.21.prDebitor in fraudem creditoris cum uicino de finibus pignori dati fundi pactus est: quaesitum, an is, qui a creditore emit, de finibus agere possit.
[SCAEVOLA in the first book of Responses.] A debtor, to the defraud of his creditor, made an agreement with a neighbor concerning the boundaries of an estate given as pledge; it was asked whether he who bought the estate from the creditor could bring an action concerning the boundaries.
respondit secundum ea quae proponerentur non idcirco minus agere posse, quod debitor ignorante creditore pactus esset.
He replied that, according to the facts proposed, he was not therefore any less able to bring an action because the debtor had made the agreement without the creditor's knowledge.

Notes

  1. 42.8.21.prnon idcirco minus agere posse — An accusative-and-infinitive clause depending on the main verb `respondit`, where the accusative subject (referring back to `is, qui a creditore emit` in the preceding sentence) is omitted. The phrase `non idcirco minus` literally means "not therefore the less," functioning as a strong affirmation that the purchaser is nonetheless entitled to bring the action.
  2. 42.8.21.prignorante creditore — An ablative absolute construction using the present participle `ignorans`, meaning "the creditor being ignorant" or "without the knowledge of the creditor."

Cite this passage

Justinian I, The Digest of Justinian §42.8.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.8.21.pr

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