- 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-lat1:4.4.35.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
Explains that if a minor is outbid in a sale but has a significant interest in purchasing the property (e.g., if it belonged to their ancestors), they will be granted reinstatement on condition that they pay the seller the difference.
[HERMOGENIANUS libro primo iuris epitomarum.]
[HERMOGENIANUS, in the first book of the Epitome of Law.]
Si in emptionem penes se collatam1 minor adiectione ab alio superetur, implorans in integrum restitutionem audietur, si eius interesse2 emptam ab eo rem fuisse adprobetur, ueluti quod maiorum eius fuisset:3 ita tamen ut4 id, quod ex licitatione accessit, ipse offerat uenditori.
If, in a purchase provisionally assigned to him, a minor is surpassed by another’s higher bid, he will be heard if he implores reinstatement, provided it is proved that it was of interest to him that the property be bought by him—for example, because it had belonged to his ancestors—yet on condition that he himself offers to the seller the amount added by the bidding.
- 4.4.35.prpenes se collatam
Meaning "provisionally assigned [knocked down] to him". The perfect passive participle "collatam" (from "conferre", to bring/assign) modifies "emptionem" (purchase), accompanied by "penes se" (in his possession/to him). This refers to a sale that had been provisionally concluded with the minor before a higher bid was made.
- 4.4.35.preius interesse
The construction of the impersonal verb "interesse" (to be of importance/interest). The person concerned is expressed by the genitive of the third-person pronoun "eius", and the subject of "interesse" is the accusative with infinitive clause "emptam ab eo rem fuisse" (that the property was bought by him).
- 4.4.35.prquod maiorum eius fuisset
The pluperfect subjunctive "fuisset" in the causal clause introduced by "quod" (because) indicates that this is a subjective reason advanced by the minor seeking reinstatement (the reason being that it belonged to his ancestors), or is attracted to the subjunctive as a subordinate clause within the conditional clause "si... adprobetur".
- 4.4.35.prita tamen ut
An expression introducing a restrictive condition ("on condition, however, that"), taking the present subjunctive "offerat".