Legal Definitions - pignoratio

Pignoratio is a legal term with two primary meanings, originating from Roman and Civil law traditions.

• 1. As a Pledge or Security: In its original Roman law context, pignoratio refers to the act of a debtor physically handing over an item of value to a creditor as security for a debt or other obligation. This item, known as a pledge (pignus), would be held by the creditor until the debtor fulfilled their obligation. If the obligation was not met, the creditor could then typically sell the item to recover their losses.

  • Example 1: A small business owner needs a short-term loan to cover unexpected operational costs. To secure the loan from a private investor, the owner physically gives the investor the title to a valuable piece of manufacturing equipment, agreeing that the investor can claim the equipment if the loan is not repaid on time.

    Explanation: This scenario illustrates pignoratio because the business owner (debtor) is providing a tangible asset (the manufacturing equipment, via its title) to the investor (creditor) as a guarantee for the repayment of the loan. The act of depositing this security is the pignoratio.

• 2. Impounding Animals for Damages: In a civil law context, pignoratio can also refer to the act of a property owner impounding or holding another person's animals that have caused damage to their property. The animals are held until their owner pays for the damages incurred.

  • Example 2: A farmer's herd of goats breaks through a fence and enters a neighboring vineyard, consuming a significant portion of the ripening grape crop. The vineyard owner, upon discovering the damage and the trespassing goats, rounds up the animals and informs the farmer that they will hold the goats until the farmer compensates them for the destroyed grapes.

    Explanation: This demonstrates pignoratio in its civil law sense. The vineyard owner is impounding the farmer's animals (the goats) that have caused damage to their property, holding them as a form of leverage until the animals' owner pays for the losses.