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Justinian I · The Digest of Justinian §46.3.4.pr

Rules of Allocation Favoring Personal Debts and Securities

Passage 7659 of 9271 · Latin

Summary

It states the rules of appropriation when no specification is made: debts owed in one's own name, with a penalty, or with security are preferred over those owed as a surety, without a penalty, or without security.

[POMPONIUS libro tertio decimo ad Quintum Mucium. ] §46.3.4.pret magis quod meo nomine, quam quod pro alio fideiussorio nomine debeo: et potius quod cum poena, quam quod sine poena debetur: et potius quod satisdato, quam quod sine satisdatione debeo.
[POMPONIUS libro tertio decimo ad Quintum Mucium.] and rather that which I owe in my own name, than that which I owe on behalf of another as a surety; and preferably that which is owed with a penalty, than that which is owed without a penalty; and preferably that which I owe with security given, than that which I owe without security.

Notes

  1. §46.3.4.pret magis — This is an elliptical construction sharing the predicate 'id uidetur solutum' (that is deemed to have been paid) from the end of the preceding text (D. 46.3.3.1), with each 'quod' clause acting as the subject. The subsequent 'et potius' phrases follow the same structure.
  2. §46.3.4.prsatisdato — This is an impersonal ablative absolute using the neuter singular perfect participle of satisdare ('security having been given'). It functions adverbially, corresponding to the contrasting prepositional phrase 'sine satisdatione'.

Cite this passage

Justinian I, The Digest of Justinian §46.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.4.pr

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