Humanitext Reader

Justinian I · The Digest of Justinian §50.17.205.pr

Owner Rights over Property Pledged to the Treasury

Passage 9265 of 9271 · Latin

Summary

Pomponius explains that things subject to loss are usually treated as if they were not, allowing the owner to claim, alienate, or establish servitudes on property pledged to the treasury.

[IDEM libro trigensimo nono ad Quintum Mucium. ] §50.17.205.prPlerumque fit, ut etiam ea, quae nobis abire possint, proinde in eo statu sint, atque si non essent eius condicionis, ut abire possent.
[THE SAME, in his thirty-ninth book on Quintus Mucius.] It usually happens that even those things which could depart from us are in the same status as if they were not of such a condition that they could depart.
et ideo quod fisco obligamus, et uindicare interdum et alienare et seruitutem in praedio imponere possumus.
And therefore, what we pledge to the treasury, we can sometimes both claim, alienate, and impose a servitude upon the estate.

Notes

  1. §50.17.205.prnobis abire — nobis is a dative of separation used with abire (to go away, to be lost), indicating the departure of property from the owner.
  2. §50.17.205.prproinde... atque si — A comparative construction indicating an imaginary condition ('just as if...'). The verb essent in the subordinate clause is in the subjunctive imperfect, denoting a contrary-to-fact situation.
  3. §50.17.205.preius condicionis, ut — eius condicionis is a genitive of quality describing the subject (ea). The ut-clause functions as a clause of result or description, explaining the specific content of the condicio.

Cite this passage

Justinian I, The Digest of Justinian §50.17.205.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.205.pr

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