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Justinian I · The Digest of Justinian §11.7.11.pr

Requirement of Stipulation in Sale of Burial Place

Passage 1814 of 9271 · Latin

Summary

Explains that if the place of a monument is sold under the condition that those who have the right of burial should not be brought into it, a mere pact is insufficient and it must be secured by a stipulation.

[PAULUS libro uicensimo septimo ad edictum. ] §11.7.11.prQuod si locus monumenti hac lege uenierit, ne in eum inferrentur, quos ius est inferri, pactum quidem ad hoc non sufficit, sed stipulatione id caueri oportet.
[PAULUS in the twenty-seventh book on the Edict.] But if the place of a monument has been sold under this condition, that those who have a right to be brought in should not be brought into it, indeed a pact is not sufficient for this purpose, but it must be secured by a stipulation.

Notes

  1. §11.7.11.pruenierit — From the verb ueneo (to be sold), perfect (or future perfect) subjunctive. It must not be confused with uenerit from uenio (to come).
  2. §11.7.11.prhac lege — Here lex does not refer to a public law, but to a "condition" or "clause" of a contract (lex contractus), with the following ne clause expressing its specific content.
  3. §11.7.11.prquos ius est inferri — quos is the subject accusative of the passive infinitive inferri. Combined with ius est ("there is a right"), it means "those who have a right to be brought in."

Cite this passage

Justinian I, The Digest of Justinian §11.7.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.11.pr

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