3. SURRENDER TO BANKRUPTCY
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BOOK FORTY-TWO/SURRENDER TO BANKRUPTCY 59 minor as if he had not made his admission of liability. 7. Those who admit liability have the same time thereafter to make amends as those against whom judgment is delivered. 7 AFRICANUS, Questions, book 5: Suppose that ajideicommissum be claimed and the heir admit that it is due; the arbitrator appointed for its handing over finds nothing to be due; the question is: Can he absolve the heir? I replied that the reason why nothing is due is relevant. If it be that there is no jideicommissum, he should not absolve the heir; but if the reason be that the testator was insolvent or that the heir assert, before the praetor, that all liabilities have been met and the arbitrator is appointed because the dispute and subsequent assessment would be rather difficult, then, by virtue of his office, he should absolve the heir. In the first case discussed, the arbitrator should remit the heir to the praetor for absolution. 8 PAUL,Sabinus, book .4: One admitting liability is never to be condemned in respect of something of which it is uncertain, whether it exist or not. SURRENDER TO BANKRUPTCY 1 ULPIAN,Edict, book 17: A creditor who makes an advance for the restoration of buildings is given a preferred position in respect of what is due to him. 2 ULPIAN,Edict, book 21: In personal actions, those who make subsequent contracts with the provision that moneys arising therefrom shall go to their existing creditors succeed to the position of those creditors. 3 ULPIAN,Edict, book 58: One who surrenders to bankruptcy is not deprived of his assets until they be sold; hence, if he be ready to make his defense, they will not be sold. 4 ULPIAN,Edict, book 59: If someone surrender to bankruptcy and later make some acquisition, he can be sued only for what he can afford. 1. Sabinus and Cassius were of the opinion that one who surrenders to bankruptcy should in no way be disturbed by other creditors. 5 PAUL,Edict, book 56: A person who regrets having surrendered to bankruptcy, by making his defense, can ensure that his assets are not sold. 6 ULPIAN,Edict, book 6.4: If someone who has surrendered to bankruptcy later acquire some modest competence after the sale of his assets, there will be no second sale. Now on what basis do we assess the extent of his acquisition, on the quantity or rather on the quality of it? I think the quantity, provided that we bear in mind that if something was left him out of charity, for instance, by way of monthly or annual sustenance , there should be no renewed sale of his assets on that account; for a man is not to be deprived of his daily bread. The same applies if he be given some usufruct or legacy from which he derives no more than his maintenance. 7 MODESTINUS, Encyclopaedia, book 2: Where the goods of a debtor have been sold on bankruptcy, on the request of the creditors, there may be further sales of the assets of the same debtor until the creditors are satisfied, if the debtor subsequently acquire such means that the praetor authorizes such a course. 8 ULPIAN,Edict, book 26: A person who surrendered to bankruptcy before he acknowledges his debt is condemned or admits his liability before the praetor, is not to be given a hearing. BOOK FORTY-TWO/SURRENDER TO BANKRUPTCY 59 minor as if he had not made his admission of liability. 7. Those who admit liability have the same time thereafter to make amends as those against whom judgment is delivered. 7 AFRICANUS, Questions, book 5: Suppose that a fideicommissum be claimed and the heir admit that it is due; the arbitrator appointed for its handing over finds nothing to be due; the question is: Can he absolve the heir? I replied that the reason why nothing is due is relevant. If it be that there is no fideicommissum, he should not absolve the heir; but if the reason be that the testator was insolvent or that the heir assert, before the praetor, that all liabilities have been met and the arbitrator is appointed because the dispute and subsequent assessment would be rather difficult, then, by virtue of his office, he should absolve the heir. In the first case discussed, the arbitrator should remit the heir to the praetor for absolution. 8 PAUL, Sabinus, book 4: One admitting...