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Justinian I · The Digest of Justinian §46.1.54.pr

Pledge Fraud and Surety Immunity from Contrary Action

Passage 7602 of 9271 · Latin

Summary

If a creditor is deceived in contracting a pledge, they can bring a contrary action of pledge, but this action cannot place a liability on the surety, since the surety guarantees the loan itself rather than the pledge.

[PAULUS libro tertio quaestionum. ] §46.1.54.prSi in pignore contrahendo deceptus sit creditor, qui fideiussorem pro mutuo accepit, agit contraria pigneraticia actione, in quam actionem ueniet quod interest creditoris.
[Paulus, in the third book of Questions.] If a creditor, who has accepted a surety for a loan, is deceived in contracting a pledge, he may bring the contrary action of pledge, into which action the interest of the creditor will come.
sed ea actio fideiussorem onerare non poterit: non enim pro pignore, sed pro pecunia mutua fidem suam obligat.
But that action cannot place a burden upon the surety; for he binds his credit not for the pledge, but for the loaned money.

Notes

  1. §46.1.54.prquod interest creditoris — The impersonal verb interest is used with the genitive creditoris to mean 'what is of concern/importance to the creditor' (the creditor's financial interest or damages). This relative clause functions as the subject of ueniet.
  2. §46.1.54.probligat — The subject of this verb is not explicitly expressed but is understood as the surety (fideiussor), supplied from the preceding accusative fideiussorem. It explains that the surety binds his credit for the repayment of the loan, not for the pledge.

Cite this passage

Justinian I, The Digest of Justinian §46.1.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.1.54.pr

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