Humanitext Reader

Justinian I · The Digest of Justinian §18.1.22.pr

Clauses Excluding Sacred or Religious Land from Sale

Passage 2610 of 9271 · Latin

Summary

Ulpian discusses the applicability of the contract clause excluding sacred or religious property, stating that while it applies to small plots of land, the sale of an entire sacred, religious, or public property is void.

[ULPIANUS libro uicensimo octauo ad Sabinum. ] §18.1.22.prHanc legem uenditionis 'si quid sacri uel religiosi est, eius uenit nihil' superuacuam non esse, sed ad modica loca pertinere.
[ULPIANUS in the twenty-eighth book on Sabinus.] Ulpian states that this clause of a sale, 'if there is any sacred or religious property, nothing of it is sold,' is not superfluous, but applies to small plots of land.
ceterum si omne religiosum uel sacrum uel publicum uenierit, nullam esse emptionem,
On the other hand, if an entire religious, sacred, or public property is sold, the sale is void,

Notes

  1. §18.1.22.prhanc legem uenditionis — In this context, lex does not refer to a state-enacted statute, but to a contractual "clause" or "condition" agreed upon by the parties. Therefore, legem uenditionis is understood as "a clause of a sale."
  2. §18.1.22.prsuperuacuam non esse... nullam esse emptionem — The entire sentence forms an accusative with infinitive (AcI) construction. Although the governing verb of the main clause (such as ait or putat) is omitted, it is understood from the context of the Digesta citation as expressing the opinion of the jurist Ulpian, who is the author of this fragment.
  3. §18.1.22.pruenit... uenierit — These are forms of the semi-deponent-like verb ueneo (to be sold), which serves as the passive of uendo (to sell). uenit is the third-person singular present, while uenierit is the third-person singular future perfect (or perfect subjunctive).

Cite this passage

Justinian I, The Digest of Justinian §18.1.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.22.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.