Justinian I · The Digest of Justinian §49.14.28.pr

Priority of the Treasury over Future Pledges

Passage 8549 of 9271 · Latin

Summary

Quoting an opinion of Papinian, it explains that the treasury's claim takes priority over a private pledge regarding subsequently acquired property.

[IDEM libro tertio disputationum. ] §49.14.28.prSi qui mihi obligauerat quae habet habiturusque esset cum fisco contraxerit, sciendum est in re postea adquisita fiscum potiorem esse debere Papinianum respondisse: quod et constitutum est.

[THE SAME, On Disputations, Book III.] It should be known that Papinian answered that, in the case of property subsequently acquired, the treasury must have priority, if anyone who had pledged to me what he possesses and what he would possess has contracted with the treasury; which has also been established.

praeuenit enim causam pignoris fiscus.

For the treasury forestalls the cause of the pledge.

Notes

§49.14.28.prSi qui — Although it can be interpreted as a variant of si quis ("if anyone"), it is better understood here as the relative pronoun qui with an omitted antecedent is ("if he who had pledged..."), serving as the subject of the conditional clause si ... contraxerit.
§49.14.28.prsciendum est — This is a gerundive construction of necessity, taking the accusative and infinitive clause Papinianum respondisse ("that Papinian answered") as its logical object.
§49.14.28.prpraeuenit — Meaning "to forestall" or "anticipate." It explains the legal principle that the treasury's (tacit) lien takes precedence over a private individual's contract-based pledge on future assets, preempting the acquisition of the pledge's basis (causa pignoris).

Cite this passage

Justinian I, The Digest of Justinian §49.14.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.28.pr

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