Humanitext Reader

Justinian I · The Digest of Justinian §14.3.4.pr

Transactions outside Shops and the Action on Manager Contracts

Passage 2203 of 9271 · Latin

Summary

This section explains that even if a manager carries out transactions outside of a shop, such as at a customer's residence, it does not alter the legal ground of the action brought against the principal.

[PAULUS libro trigensimo ad edictum. ] §14.3.4.prcum interdum etiam ad homines honestos adferant merces et ibi uendant.
[PAULUS, from the thirtieth book on the Edict.] since they sometimes even carry goods to the houses of respectable persons and sell them there.
nec mutat causam actionis locus uendendi emendiue, cum utroque modo uerum sit institorem emisse aut uendidisse.
Nor does the place of selling or buying alter the ground of action, since in either case it is true that the manager has bought or sold.

Notes

  1. §14.3.4.prcum — This cum clause with the subjunctive (adferant, uendant) is a causal or circumstantial clause explaining the preceding statement by Ulpian (that it does not matter whether the manager is put in charge of a shop or not). The unexpressed subject is "managers" (institores) from the context.
  2. §14.3.4.prcausam actionis — Meaning "the ground of action" or "cause of action." It refers to the legal basis of the "institorian action" (actio institoria) brought against the principal (business owner) based on the manager's transactions.
  3. §14.3.4.pruerum sit institorem emisse aut uendidisse — An accusative with infinitive construction (institorem as the subject accusative, emisse aut uendidisse as the perfect infinitives) serves as the subject of the impersonal expression uerum sit ("it is true that..."). "utroque modo" (in either way) refers to transactions either in a shop or in another place like a customer's house.

Cite this passage

Justinian I, The Digest of Justinian §14.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.3.4.pr

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