- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.67.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-04
It states that a procurator who has personally guaranteed the warranty against eviction for estates sold on behalf of his principal cannot be relieved from this obligation by the praetor, even after he ceases to manage the affairs.
[IDEM libro secundo responsorum.]
[THE SAME in the second book of Opinions.]
Procurator, qui pro euictione1 praediorum quae uendidit fidem suam adstrinxit, etsi negotia gerere desierit, obligationis tamen onere praetoris auxilio2 non leuabitur: nam procurator, qui pro domino uinculum obligationis suscepit, onus eius frustra recusat.
A procurator who has bound his own credit for the eviction of estates which he sold, even if he has ceased to manage the affairs, will nevertheless not be relieved from the burden of the obligation by the assistance of the praetor; for a procurator who has undertaken the bond of an obligation on behalf of his principal, in vain refuses its burden.
- 3.3.67.prpro euictione
Refers to the warranty against eviction. It means that the procurator personally bound his own credit to guarantee the buyer against eviction (evictio) by a third party claiming a superior right to the estates sold.
- 3.3.67.prpraetoris auxilio
Refers to praetorian relief (such as restitutio in integrum). The procurator cannot obtain a discharge from his contractually assumed obligation through the extraordinary intervention of the praetor merely because he has subsequently ceased to manage the principal's affairs.