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Justinian I · The Digest of Justinian §46.2.18.pr

Extinction of Securities and Cessation of Interest by Novation

Passage 7639 of 9271 · Latin

Summary

Prescribes the legal effects of a lawfully executed novation, namely the release of security rights (mortgages and pledges) and the cessation of interest accrual.

[PAULUS libro quinquagesimo septimo ad edictum. ] §46.2.18.prNouatione legitime facta liberantur hypothecae et pignus, usurae non currunt.
[PAULUS, On the Edict, Book 57.] When a novation is lawfully made, mortgages and pledges are released, and interest does not accrue.

Notes

  1. §46.2.18.prnouatione legitime facta — An ablative absolute construction consisting of the noun nouatio (novation) and facta, the perfect passive participle of facere, in the ablative case. Accompanied by the adverb legitime (lawfully), it expresses the condition for the main clause.
  2. §46.2.18.prliberantur — The subject of the plural verb liberantur consists of the plural noun hypothecae (mortgages) and the singular noun pignus (pledges). For security rights to be 'released' (liberantur) means that they are extinguished.
  3. §46.2.18.prnon currunt — The verb curro (to run), when its subject is usurae (interest), means that interest 'accrues' or 'accumulates'. Thus, non currunt indicates the cessation of interest accrual.

Cite this passage

Justinian I, The Digest of Justinian §46.2.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.2.18.pr

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