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Justinian I · The Digest of Justinian §18.1.50.pr

Remedies for Buyer's Prevention of a Sale Condition

Passage 2638 of 9271 · Latin

Summary

This section presents the opinions of Labeo and Ulpian regarding the legal remedies available to a seller when a library is sold under a condition, but the buyer's own failure prevents that condition from being fulfilled.

[IDEM libro undecimo ad edictum. ] §18.1.50.prLabeo scribit, si mihi bibliothecam ita uendideris, si decuriones Campani locum mihi uendidissent, in quo eam ponerem, et per me stet, quo minus id a Campanis impetrem, non esse dubitandum, quin praescriptis uerbis agi possit.
[THE SAME, On the Edict, Book XI] Labeo writes that if you sell me a library on the condition that the decurions of Campania sell me a place in which to place it, and it is my fault that I do not obtain this from the Campanians, there is no doubt that an action on the prescribed words can be brought.
ego etiam ex uendito agi posse puto quasi impleta condicione, cum per emptorem stet, quo minus impleatur.
I think that an action on the sale can also be brought, as if the condition had been fulfilled, since the failure of its fulfillment is due to the buyer.

Notes

  1. §18.1.50.prita uendideris, si... uendidissent — The correlation `ita ... si` means "on the condition that...". The clause `si ... uendidissent` (pluperfect subjunctive) specifies the suspensive condition attached to the contract of sale, namely that the buyer would purchase the site for placing the library from the decurions.
  2. §18.1.50.prper me stet, quo minus — The phrase `stat per aliquem, quo minus` (followed by the subjunctive) is an impersonal idiomatic expression meaning "it is someone's fault that... not" or "someone prevents...". Here it indicates that the buyer ("I") is responsible for the failure to fulfill the condition.

Cite this passage

Justinian I, The Digest of Justinian §18.1.50.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.50.pr

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