“Creditor rem sibi oppignoratam a debitore emere non potest” (Brev. IP. 2, 12, 6)
“Creditor rem sibi oppignoratam a debitore emere non potest” (Brev. IP. 2, 12, 6)

Summary/Abstract: In the Lex Romana Visigothorum is present the rule on the prohibition to the pledgee to buy the pledged thing from the debtor. The author analyzing the texts of the Breviary intends to answer the question: why the texts of Pauli Sententiae and the Constantine’s constitution on commissoria rescindenda were interpreted as a prohibition to the creditor to purchase the object of the pledge from the debtor? By the interpretations the new rule was introduced which is contrary to the classical and Justinian’s law. Accepting the opinion that the ius was subordinated to the leges and even harmonized with it in the Breviary, the research embraces also those imperial constitutions which can show the circumstances in which the rule was made. Using both, the dogmatic and historical method, the author’s conclusion is that creditors used sale contract to cover unlawful appropriation of the debtor’s property. This practice and the problems of Vth century were well known to the interpreters and to the people as well, therefore the rule expresses the common understanding

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