De pignoribus et hypothecis theses

LII.
The creditor proves that the thing which he seeks was obligated to him by the debtor, either by name or together with the remaining goods.

LIII.
But if a question of ownership is referred to the creditor acting by the hypothecary action against a third party, it is asked what he must prove? And it is more true that the proof of ownership is not necessary, but it suffices that the mortgaged thing was among the goods of the debtor at the time of the obligation.

LIIII.
Conversely, the actio pignoratitia pledge action will be given to the debtor himself, and indeed a direct one against the creditor only, or his heir, once the debt has finally been paid in full together with the fruits received.

LV.
The pledge must be returned with the same quality as it was received.

LVI.
Whence if the pledge has been made worse by deceit, gross negligence, or even light, but not very light, the creditor will be troubled by this action.

LVII.
But he will be entirely blameless regarding the fulfillment of accidental events, provided his own fault was absent and he had in no way assumed the risk (which can be done by him) upon himself.

LVIII.
So much so, that if the pledge perishes by fire, earthquake, incursion of enemies, or some other fatal calamity without his wrongdoing, it will not harm the creditor, but the debtor himself as the owner, to the extent that even if the thing is thus extinguished, the debt can still be demanded by the civil law.