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Justinian I · The Digest of Justinian §50.16.188.pr-50.16.188.1

Two Meanings of To Have and Definition of Secured

Passage 9002 of 9271 · Latin

Summary

Paulus explains the two senses of 'to have' (by right of ownership and by peaceful holding of a purchase) and states that 'secured' applies to both personal and real security.

[PAULUS libro trigesimo tertio ad edictum. ] §50.16.188.prabere' duobus modis dicitur, altero iure dominii, altero optinere sine interpellatione id quod quis emerit. '
[PAULUS, in the thirty-third book on the Edict.] 'To have' is used in two senses: in one, by right of ownership; in the other, to hold without dispute that which one has bought.
§50.16.188.1Cautum' intellegitur, siue personis siue rebus cautum sit.
'Secured' is understood to apply, whether security has been provided by persons or by property.

Notes

  1. §50.16.188.prabere' — The form 'abere' in the text is a variant spelling or clerical error with the loss of the initial 'h', and is understood in legal interpretation as habere ('to have').
  2. §50.16.188.praltero iure dominii, altero optinere — In the contrastive structure altero... altero... ('in one..., in the other...'), the first is followed by an ablative noun phrase iure dominii, while the second is followed by an infinitive phrase optinere. Despite this grammatical asymmetry, both explain the specific modes in which habere is used.
  3. §50.16.188.1siue personis siue rebus cautum sit — cautum sit is an impersonal passive construction ('security is provided'). personis (persons, i.e., personal guarantors) and rebus (things, i.e., collateral) function as ablatives (or datives) of means/instrument, indicating the method by which security is established.

Cite this passage

Justinian I, The Digest of Justinian §50.16.188.pr-50.16.188.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.188.pr-50.16.188.1

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