Humanitext Reader

Justinian I · The Digest of Justinian §18.1.26.pr

Bad Faith Purchase from One Lacking Power of Alienation

Passage 2614 of 9271 · Latin

Summary

The author argues that if one knowingly buys from a person who lacks the power of alienation (such as one interdicted from property or a person deliberating on an inheritance without power of disposal), ownership is not transferred, which differs from buying from a debtor to the fraud of a creditor.

[POMPONIUS libro septimo decimo ad Sabinum. ] §18.1.26.prSi sciens emam ab eo cui bonis interdictum sit uel cui tempus ad deliberandum de hereditate ita datum sit, ut ei deminuendi potestas non sit, dominus non ero: dissimiliter atque si a debitore sciens creditorem fraudari emero.
[POMPONIUS in the seventeenth book on Sabinus.] If I, knowingly, buy from someone who has been interdicted from his property, or to whom time to deliberate on an inheritance has been granted in such a manner that he has no power of diminishing it, I shall not become the owner; unlike the case where I knowingly buy from a debtor to the fraud of his creditor.

Notes

  1. §18.1.26.prbonis interdictum sit — An impersonal passive construction. Based on the transitive usage 'interdicere alicui (dative) aliqua re (ablative)', meaning 'to interdict someone from something', here it means 'who has been interdicted from his property'.
  2. §18.1.26.prdeminuendi — Genitive of the gerund, modifying the noun potestas (power), meaning the power of diminishing, i.e., alienating or disposing of (the inheritance).
  3. §18.1.26.prcreditorem fraudari — An accusative with infinitive construction acting as the object of the participle sciens (knowing). The passive infinitive fraudari is used, meaning 'that the creditor is being defrauded'.

Cite this passage

Justinian I, The Digest of Justinian §18.1.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.26.pr

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