Justinian I · The Digest of Justinian §46.3.20.pr

Payment with Pledged Property and Denial of Release

Passage 7675 of 9271 · Latin

Summary

It explains that if a debtor pays a creditor with their own property that has already been pledged to another, the debtor is not released from their obligation because the pledgee can recover the property from the creditor.

[IDEM libro uicensimo secundo ad Sabinum. ] §46.3.20.prSi rem meam, quae pignoris nomine alii esset obligata, debitam tibi soluero, non liberabor, quia auocari tibi res possit ab eo, qui pignori accepisset.

[THE SAME in the twenty-second book on Sabinus.] If I pay you, as what is due to you, my own property which has been pledged to another under the name of a pledge, I shall not be released, because the property can be recovered from you by the one who had accepted it as a pledge.

Notes

§46.3.20.prtibi — This is a dative of separation depending on the passive infinitive auocari ('to be taken away, recovered'), meaning 'from you'. It is used instead of the ablative phrase ab te.

Cite this passage

Justinian I, The Digest of Justinian §46.3.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.20.pr

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