Justinian I · The Digest of Justinian §16.3.2.pr

Assignment of Action by Heir Selling Deposited Property

Passage 2407 of 9271 · Latin

Summary

Discusses that if an heir who unknowingly sold a deposited item has not yet collected the price or sold it for less than its value, he is only required to transfer his actions to the depositor.

[PAULUS libro trigensimo primo ad edictum. ] §16.3.2.prQuid ergo, si pretium nondum exegit aut minoris quam debuit uendidit? actiones suas tantummodo praestabit.

[PAULUS libro trigensimo primo ad edictum.] What then, if he has not yet collected the price or has sold it for less than he ought to have? He will only provide his own actions.

Notes

16.3.2.prminoris quam debuit — minoris is a genitive of price (genitivus pretii) with pretii understood. After debuit, the verb uendere ('to sell') is omitted, meaning 'for less than he ought to have sold it for' (i.e., less than a fair or proper price).
16.3.2.practiones suas tantummodo praestabit — To 'provide actions' (actiones praestare) means to cede or transfer the actions (such as the claim for the purchase price against the buyer) that the heir holds to the depositor. Since there is no willful intent (dolus) on the part of the heir, he is not obligated to pay the uncollected price out of his own assets, but only to transfer his rights.

Cite this passage

Justinian I, The Digest of Justinian §16.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.2.pr

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