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Justinian I · The Digest of Justinian §18.1.27.pr

Requirements of Good Faith and Purchase from a Ward

Passage 2615 of 9271 · Latin

Summary

Regarding the requirements for a buyer in good faith, it is established that while a buyer who mistakenly believes the seller to be the owner is in good faith, one who knowingly buys from a ward without a tutor's authority or with the assistance of a false tutor is not.

[PAULUS libro octauo ad Sabinum. ] §18.1.27.prQui a quolibet rem emit, quam putat ipsius esse, bona fide emit: at qui sine tutoris auctoritate a pupillo emit, uel falso tutore auctore, quem scit tutorem non esse, non uidetur bona fide emere, ut et Sabinus scripsit.
[PAULUS in the eighth book on Sabinus.] He who buys a thing from anyone, believing it to belong to him, buys in good faith; but he who buys from a ward without the authority of his tutor, or with the authority of a false tutor whom he knows not to be the tutor, is not deemed to buy in good faith, as Sabinus also wrote.

Notes

  1. §18.1.27.prquam putat ipsius esse — An accusative with infinitive (AcI) construction is used inside the relative clause as the object of 'putat'. The subject accusative of the infinitive 'esse', which would be 'rem' (the antecedent of the relative pronoun 'quam'), is omitted. 'ipsius' (genitive) refers to the seller ('a quolibet'), meaning 'he thinks that [the thing] belongs to him'.
  2. §18.1.27.prfalso tutore auctore — An ablative absolute construction consisting of two nouns ('falso tutore' and 'auctore'). 'auctor' here refers to the person who grants authority ('auctoritas') to a ward's legal acts, meaning 'with a false tutor acting as the authorizing party'.
  3. §18.1.27.prquem scit tutorem non esse — An accusative with infinitive (AcI) construction serving as the object of 'scit' (whose subject is 'qui' from the main clause). The accusative relative pronoun 'quem' (referring to 'falso tutore') is the subject of 'esse', and 'tutorem' is its predicate. It translates as 'whom he knows not to be the tutor'.

Cite this passage

Justinian I, The Digest of Justinian §18.1.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.27.pr

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