← Justinian I

The Digest of Justinian

§4.4.14.pr

Limits on Restitution Against a Bona Fide Third Party

Paulus states, agreeing with Pomponius, that as long as the original purchaser from the minor or their heir is solvent, no new measures of restitution should be established against a third-party purchaser in good faith.

View ▾
View
Translation
Typeface
AI ↗
← PrevNext →

[PAULUS libro undecimo ad edictum.]

[PAULUS in the eleventh book on the Edict.]

§4.4.14.pr

​Plane quamdiu is qui a minore rem accepit aut heres eius idoneus1 sit, nihil noui2 constituendum est in eum, qui rem bona fide emerit, idque et Pomponius scribit.

​Clearly, as long as he who received the thing from the minor, or his heir, is solvent, nothing new should be established against him who bought the thing in good faith, and Pomponius also writes this.

Syntax notes2 items
  1. 4.4.14.pridoneus

    While literally meaning "suitable" or "fit", here it is used in the legal sense of "solvent" (having sufficient means). It is synonymous with soluendo esset in the preceding section (4.4.13.1).

  2. 4.4.14.prnihil noui

    The genitive singular neuter adjective noui is used as a partitive genitive modifying nihil, literally meaning "nothing of new." It refers to not establishing any "new (exceptional or disadvantageous) measure of relief" against a good-faith third-party purchaser.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.14.pr