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Justinian I · The Digest of Justinian §18.1.19.pr

Transfer of Ownership and Payment or Credit of Price

Passage 2607 of 9271 · Latin

Summary

Pomponius discusses that for the ownership of a sold thing to transfer to the buyer, it is required that the price is paid, security is given, or credit is extended by the seller.

[IDEM libro trigensimo primo ad Quintum Mucium. ] §18.1.19.prQuod uendidi non aliter fit accipientis, quam si aut pretium nobis solutum sit aut satis eo nomine factum uel etiam fidem habuerimus emptori sine ulla satisfactione.
[THE SAME, in the thirty-first book on Quintus Mucius.] What I have sold does not become the property of the recipient otherwise than if either the price has been paid to us, or satisfaction has been given on that account, or we have even given credit to the buyer without any security.

Notes

  1. §18.1.19.prfit accipientis — The semi-copulative verb fit (fieri, "to become") is combined with the genitive accipientis ("of the recipient") to function as a possessive genitive, meaning "becomes the property of the recipient."
  2. §18.1.19.prsatis eo nomine factum — An ellipsis of the passive voice satis factum [sit] from satis facere ("to satisfy", specifically to give security for the performance of an obligation). eo nomine ("on that account", here regarding the payment of the price) specifies the ground.
  3. §18.1.19.prfidem habuerimus — Perfect subjunctive active. fidem habere with the dative (emptori) means "to give credit to the buyer," i.e., to deliver the thing without receiving payment immediately, allowing deferred payment.

Cite this passage

Justinian I, The Digest of Justinian §18.1.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.19.pr

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