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Justinian I · The Digest of Justinian §13.7.5.pr

Application of Non-Sale Rules to Breaches of Sale Terms

Passage 2143 of 9271 · Latin

Summary

Pomponius clarifies that the rule of law concerning the breach of an agreement not to sell applies both when there was a total prohibition on sale and when the agreement was violated regarding the amount, condition, or place.

[POMPONIUS libro nono decimo ad Sabinum. ] §13.7.5.prIdque iuris est, siue omnino fuerint pacti, ne ueneat, siue in summa aut condicione aut loco contra pactionem factum sit.
[POMPONIUS, on Sabinus, Book XIX] And this is the rule of law, whether they agreed altogether that it should not be sold, or whether action was taken contrary to the agreement in respect of the amount, condition, or place.

Notes

  1. 13.7.5.prIdque iuris est — iuris is a partitive genitive qualifying the neuter pronoun id, meaning "this is the rule of law" or "this is the legal principle." "This rule (id iuris)" refers to the rule stated in the preceding section by Ulpian (§13.7.4.pr), according to which a creditor who sells a pledge contrary to an agreement is liable for theft unless proper demand has been made.
  2. 13.7.5.prfactum sit — The third-person singular perfect subjunctive of fio, used impersonally to mean "if action has been taken (contrary to the agreement)." In this context, it refers to the act of sale by the creditor.

Cite this passage

Justinian I, The Digest of Justinian §13.7.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.5.pr

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