Suffragante consensu amplissimi consultissimique ordinis Iuridicae facultatis, in inclyta & celeberrima Basiliensium Academia, pro consequendis in utroque iure Doctoralibus insignijs, Deo Ter Opt. Max. praeside, Subsequentia de privilegiis creditorum Themata

XLI.
He who sold and delivered a thing, and agreed that this thing should be a pledge for him until the price was paid, is more potent than he to whom all the buyer’s goods, both present and future, were previously obligated.

These are the rules: now regarding the exceptions.

XLII.
However, it is not perpetual that the prior creditor in a mortgage or pledge is preferred over a later one: for there are certain special cases in which, conversely, the later is preferred to the prior. Such, primarily, is he whose money was used to buy or acquire the thing.

XLIII.
For the privilege to hold in this case, the money must be explicitly loaned for buying the thing and the thing must be specifically accepted as a pledge.

XLIV.
Unless it is a ward whose money was used to acquire the thing: for this person does not need an express mortgage; nevertheless, he surpasses even others who are prior.

XLV.
However, we establish this differently in the case of the Church, the fiscus public treasury, and the soldier.

XLVI.
Next, he who lent money for the repair or preservation of a thing is in such a position that he is preferred over a prior creditor; so much so that he, along with a woman concerning her dos dowry, are set apart solely by time.