oa Fundamina : A Journal of Legal History - Codex 7,72,6

Special issue 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



The reply of the Emperors Diocletian and Maximian to a certain Agathemeros, in C. 7,72,6, concerns the position of a creditor, especially in the case of a debtor's insolvency. The text lays down several fundamental legal principles concerning personal and real rights; the ranking of creditors; the fact that a pledgee has a better right than an ordinary creditor; the equal status of all ordinary creditors without any preferential right; and the heir succeeding to the obligation. This text proves to be a synopsis of the most important rules of private law.

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