- 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-lat1:6.1.72.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
Ulpian explains that if someone purchases another's land and receives delivery, and subsequently the seller inherits the land from the true owner and sells it to another person, the first buyer is preferred, supported by the logic of exception and replication.
[ULPIANUS libro sexto decimo ad edictum.]
[ULPIANUS in the sixteenth book on the Edict.]
Si a Titio fundum emeris1 Sempronii et tibi traditus sit pretio soluto, deinde Titius Sempronio heres extiterit et eundem alii uendiderit et tradiderit, aequius est, ut tu potior sis. nam et si ipse uenditor eam rem a te peteret, exceptione eum summoueres.2 sed et si ipse possideret et tu peteres, aduersus exceptionem dominii replicatione utereris.
If you buy from Titius a tract of land belonging to Sempronius, and it is delivered to you after the price has been paid, and then Titius becomes the heir to Sempronius and sells and delivers the same land to another, it is more equitable that you should have the prior right. For even if the seller himself were to claim the property from you, you would bar him by an exception; and moreover, if he himself were in possession and you were to claim it, you would use a replication against his exception of ownership.
- 6.1.72.premeris
These verbs (emeris, extiterit, uendiderit, tradiderit) appear in the protasis (si-clause) as future perfect indicative or perfect subjunctive, establishing a series of hypothetical events prior to the main clause (aequius est).
- 6.1.72.prpeteret ... summoueres
The imperfect subjunctive verbs (peteret, summoueres, possideret, peteres, utereris) form counterfactual conditionals, illustrating the hypothetical effect of legal remedies (exception and replication) if the seller himself were to bring a lawsuit or if the buyer had to sue.