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Justinian I · The Digest of Justinian §18.1.38.pr

Validity of Sales at an Undervalue and Spousal Sales

Passage 2626 of 9271 · Latin

Summary

A sale at a lower price for the purpose of donation is generally valid, unless the entire transaction functions as a donation, but such a sale is completely void if made between husband and wife.

[IDEM libro septimo disputationum. ] §18.1.38.prSi quis donationis causa minoris uendat, uenditio ualet: totiens enim dicimus in totum uenditionem non ualere, quotiens uniuersa uenditio donationis causa facta est: quotiens uero uiliore pretio res donationis causa distrahitur, dubium non est uenditionem ualere.
[THE SAME, in the seventh book of Disputations.] If anyone should sell at a lower price for the purpose of donation, the sale is valid; for we say that a sale is invalid as a whole only as often as the entire sale has been made for the purpose of donation; but as often as a thing is sold at a lower price for the purpose of donation, there is no doubt that the sale is valid.
hoc inter ceteros: inter uirum uero et uxorem donationis causa uenditio facta pretio uiliore nullius momenti est.
This applies among other persons; but a sale made between husband and wife at a lower price for the purpose of donation is of no validity.

Notes

  1. §18.1.38.prminoris — Genitive of price, modifying uendat, meaning "at a lower price" or "for less".
  2. §18.1.38.prhoc inter ceteros — An elliptical expression with the predicate verb (such as obtinet or ualet) omitted, meaning "This holds true among other persons".
  3. §18.1.38.prnullius momenti est — Genitive of quality (literally "is of no weight"), which in a legal context functions as a predicate genitive meaning "is of no effect" or "is void".

Cite this passage

Justinian I, The Digest of Justinian §18.1.38.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.38.pr

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