6. SEPARATIONS
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BOOK FORTY-TWOISEPARATIONS 69 which makes debts privileged, and if their ground be the same, they exist concurrently even though they arise at different times. 33 ULPIAN,Rules, book 3: If a pupillus be not defended on some transaction of his and, on that account, creditors take possession of his assets, there must be a deduction from those assets to provide for the maintenance of the pupillus. 1. Just as defense may be made of a debtor before his assets are taken into possession, equally, even after the grant of possession, whether he undertake his own defense or another on his behalf, he is to give security that the decision will be honored by virtue of that security , the creditors' possession will cease. 34 MARCIAN, Rules, book 5: A claim for money advanced for the building, purchase, fitting out, or equipment of a ship in any way or one in respect of the sale of a ship takes precedence after a claim by the imperial treasury. 35 MARCIAN, Action on Mortgage, sole book: A person granted missio in possessionem of the estate of one away on state business has lawful possession until his claim is met, if it be established that the absence is deliberate; but one given missio in possessionem of the estate of a person who is not deliberately away on state business, does not acquire a pledge and consequently should go out of possession. 36 ULPIAN,Sabinus, book 45: One who lurks behind pillars to avoid his creditor is undoubtedly in hiding as also is one who goes into retirement, that is, surreptitiously disappears so that an action may not be brought against him, so too one who flees the city fraudulently. In the matter of going into hiding, it is all the same whether one flees or, while still at Rome, does not make an appearance. 37 PAPINIAN, Replies, book 10: The right to claim real security pertains to Coela Syria, a city belonging to Antioch, because it is given a preferred position in respect of the property of a deceased debtor by its local statute. 38 PAUL,Views, book I : A concubine and natural issue are excluded from the sale of assets. 1. The state as creditor takes precedence over all creditors with a document of contract. 39 PAUL,Views, book 5: If no defense is made of a pupillus, a competence is to be provided for his maintenance until puberty out of his assets of which his creditors are granted possession. 1. The estate of a prisoner of war cannot be sold until he returns. SEPARATIONS 1 ULPIAN,Edict, book 64: One must know that separation is applied for under a decree of the praetor. 1. There follow the grounds on which creditors will be granted separation: Suppose that someone had Seius as his heir; Seius dies, leaving as his heir Titius who is insolvent and suffers the sale of his estate on bankruptcy. Seius's BOOK FORTY-TWO/SEPARATIONS 69 which makes debts privileged, and if their ground be the same, they exist concurrently even though they arise at different times. 33 ULPIAN, Rules, book 3: If a pupillus be not defended on some transaction of his and, on that account, creditors take possession of his assets, there must be a deduction from those assets to provide for the maintenance of the pupillus. 1. Just as defense may be made of a debtor before his assets are taken into possession, equally, even after the grant of possession, whether he undertake his own defense or another on his behalf, he is to give security that the decision will be honored by virtue of that security , the creditors' possession will cease. 34 MARCIAN, Rules, book 5: A claim for money advanced for the building, purchase, fitting out, or equipment of a ship in any way or one in respect of the sale of a ship takes precedence after a claim by the imperial treasury. 35 MARCIAN, Action on Mortgage, sole book: A person granted missio in possessionem of the estate of one away on state business has lawful possession until his claim is met, if it be established that the absence is deliberate; but one given missio in possessionem of the estate of a person who is not deliberately away on state business, does not acquire a pledge and consequently should go out of possession. 36 ULPIAN, Sabinus, book 45: One who lurks behind pillars to avoid his creditor is undoubtedly in hiding as also...