Humanitext Reader

Justinian I · The Digest of Justinian §46.3.26.pr

Discharge of Debt by Sale of Pledge and Rescission Exceptions

Passage 7681 of 9271 · Latin

Summary

This fragment discusses the release of a debtor when a creditor sells a pledge and receives the price or enters it as received, noting an exception that the debtor is not released as long as the sale can be rescinded.

[IDEM libro trigensimo quinto ad Sabinum. ] §46.3.26.prSi creditor fundum pigneraticium uendiderit et quantum ei debebatur, receperit, debitor liberabitur.
[THE SAME in the thirty-fifth book on Sabinus.] If a creditor sells a pledged tract of land and receives as much as was owed to him, the debtor will be released.
sed et si acceptum emptori pretium tulisset creditor uel ab eo stipulatus esset, debitor nihilo minus liberatur.
But even if the creditor has entered the price as received from the buyer, or has stipulated with him for it, the debtor is nonetheless released.
sed si seruus pigneratus a creditore uenierit, quamdiu redhiberi possit, non liberabitur debitor, sicut in quolibet pignore uendito, quamdiu res inempta fieri possit.
But if a pledged slave is sold by the creditor, the debtor will not be released as long as the slave can be returned, just as in the case of any sold pledge, as long as the transaction can be undone.

Notes

  1. §46.3.26.pracceptum emptori pretium tulisset — The idiom `acceptum ferre` (or `acceptum ferre alicui`) refers to the Roman legal practice of entering a sum in the account books as received, thereby acknowledging payment and releasing the debt. Here, `emptori` is the dative of advantage/disadvantage indicating the buyer toward whom this act is done.
  2. §46.3.26.prinempta fieri — The phrase combines `inemptus` (unbought) and `fieri` (to become), serving as a legal idiom meaning "to be undone" or "to return to an unbought state," referring to the rescission of an already concluded sale.

Cite this passage

Justinian I, The Digest of Justinian §46.3.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.26.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.