← Justinian I

The Digest of Justinian

§6.1.46.pr

Transfer of Ownership by Payment of Sworn Valuation

This section explains that when a thing claimed in an action in rem is valued at the amount sworn to by the plaintiff, ownership immediately transfers to the possessor, because the plaintiff is deemed to have settled at that self-established price.

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[PAULUS libro decimo ad Sabinum.]

[PAULUS in the tenth book on Sabinus.]

§6.1.46.pr

​Eius rei, quae per in rem actionem petita tanti aestimata est, quanti1 in litem actor iurauerit, dominium statim ad possessorem pertinet: transegisse enim cum eo et decidisse uideor2 eo pretio, quod ipse constituit.

​The ownership of that thing, which, having been claimed through an action in rem, has been valued at as much as the plaintiff swore to in the lawsuit, immediately belongs to the possessor; for I am deemed to have transacted and settled with him at that price which I myself established.

Syntax notes2 items
  1. 6.1.46.prtanti aestimata est, quanti

    The genitive of value is used here, indicating that the thing was valued at the same amount that the plaintiff swore to in court (the iusiurandum in litem).

  2. 6.1.46.pruideor

    This verb is in the first-person singular, taking a subjective perspective as if the jurist or plaintiff speaks ('I am deemed to...'). It governs the nominative with infinitive construction with transegisse and decidisse.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.46.pr