Humanitext Reader

Justinian I · The Digest of Justinian §44.7.29.pr

Survival of Judgment Debt Without Reservation in New Loan

Passage 7314 of 9271 · Latin

Summary

In response to a query about whether both claims remain unimpaired when a creditor fails to reserve an existing judgment debt in a new loan security, Paulus answers that both debts continue to exist.

[PAULUS libro quarto responsorum. ] §44.7.29.prLucio Titio cum ex causa iudicati pecunia deberetur et eidem debitori aliam pecuniam crederet, in cautione pecuniae creditae non adiecit sibi praeter eam pecuniam debitam sibi ex causa iudicati: quaero, an integrae sint utraeque Lucio Titio petitiones.
[PAULUS, from his fourth book of Opinions.]\n\nWhen a sum of money was due to Lucius Titius on account of a judgment, and he lent another sum of money to the same debtor, he did not, in the security for the money lent, add for his own benefit, in addition to that money, the money due to him on account of the judgment. I ask whether both petitions remain unimpaired for Lucius Titius.
Paulus respondit nihil proponi, cur non sint integrae.
Paulus answered that no reason is presented why they should not remain unimpaired.

Notes

  1. §44.7.29.prnon adiecit sibi praeter eam pecuniam debitam sibi ex causa iudicati — "eam pecuniam" refers to the immediately preceding "pecuniae creditae" (the money lent), and "debitam... ex causa iudicati" functions as the direct object of "adiecit". Thus, it means "he did not add, in addition to that money (praeter eam pecuniam), the money due to him on account of the judgment". Although the failure to reserve the old debt explicitly in the new security might suggest novation (novatio), Paulus answers that both claims survive.

Cite this passage

Justinian I, The Digest of Justinian §44.7.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.29.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.