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Justinian I · The Digest of Justinian §18.1.24.pr

Action on Purchase when Sacred Land is a Minor Accession

Passage 2612 of 9271 · Latin

Summary

Explains that if a sacred or religious place constitutes only a minor part accessory to a sale, an action on purchase (actio ex empto) is available as it is considered an accession to the larger part purchased.

[ULPIANUS libro uicesimo octauo ad Sabinum. ] §18.1.24.prin modicis autem ex empto esse actionem, quia non specialiter locus sacer uel religiosus uenit, sed emptioni maioris partis accessit.
[ULPIANUS in the twenty-eighth book on Sabinus.] In minor cases, however, there is an action on purchase, because the sacred or religious place was not sold specifically, but accrued to the purchase of the larger part.

Notes

  1. §18.1.24.prin modicis — The ablative neuter plural of the adjective modicus (moderate, minor), meaning in this context "in cases where the sacred or religious portion is of minor extent or proportion."
  2. §18.1.24.prex empto esse actionem — An accusative and infinitive (ACI) construction where the governing verb of saying or opinion (such as dicitur or placet) is implied. The phrase ex empto functions adjectivally with actionem, referring to the buyer's action arising from the purchase (actio ex empto).
  3. §18.1.24.pruenit — The perfect third-person singular of ueneo (to be sold), distinguished from the present tense of uenio (to come) by the long vowel (uēnit vs. uĕnit). It indicates that the sacred place was not "sold" as an independent object of transaction.

Cite this passage

Justinian I, The Digest of Justinian §18.1.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.24.pr

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