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Justinian I · The Digest of Justinian §18.1.3.pr

Sales on Approval as Resolutive Conditions

Passage 2591 of 9271 · Latin

Summary

Ulpianus explains that a sale made on the condition that the thing may be returned if disliked is not a sale subject to a suspensive condition, but one subject to a resolutive condition.

[IDEM libro uicensimo octauo ad Sabinum. ] §18.1.3.prSi res ita distracta sit, ut si displicuisset inempta esset, constat non esse sub condicione distractam, sed resolui emptionem sub condicione.
[THE SAME, in the twenty-eighth book on Sabinus.]\n\nIf a thing is sold on terms that, if it should displease, it should be unbought, it is clear that it has not been sold under a condition, but that the sale is dissolved under a condition.

Notes

  1. §18.1.3.prconstat — The impersonal verb constat ("it is established / clear") governs two accusative-with-infinitive (A.C.I.) clauses as its subjects: first, [rem] non esse distractam (with the subject accusative rem omitted), and second, emptionem resolui, contrasted by sed.
  2. §18.1.3.prsub condicione — This phrase appears twice in the sentence but refers to two different types of legal conditions: the first (sub condicione distractam) denies a sale under a suspensive condition (where the sale is not completed until the condition is met), while the second (resolui... sub condicione) asserts a dissolution under a resolutive condition (where the contract is immediately effective but dissolved upon the occurrence of the condition).

Cite this passage

Justinian I, The Digest of Justinian §18.1.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.3.pr

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