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Justinian I · The Digest of Justinian §18.1.53.pr

Equivalents to Price Payment in Transfer of Ownership

Passage 2641 of 9271 · Latin

Summary

This text explains that for ownership to transfer in a sale, actual payment of the price is not strictly necessary; any method that satisfies the seller, such as providing a guarantor, a substitute debtor, or a pledge, is treated as equivalent to payment.

[GAIUS libro uicensimo octauo ad edictum prouinciale. ] §18.1.53.prUt res emptoris fiat, nihil interest, utrum solutum sit pretium an eo nomine fideiussor datus sit.
[GAIUS, On the Provincial Edict, Book XXVIII] In order for the property to become the buyer's, it makes no difference whether the price has been paid or a guarantor has been provided on that account.
quod autem de fideiussore diximus, plenius acceptum est, qualibet ratione si uenditori de pretio satisfactum est, ueluti expromissore aut pignore dato, proinde sit, ac si pretium solutum esset.
Moreover, what we have said about a guarantor is accepted more broadly: if the seller is satisfied in respect of the price by any means whatsoever, as for example by providing a substitute debtor or a pledge, it is to be treated just as if the price had been paid.

Notes

  1. §18.1.53.prUt res emptoris fiat — A purpose clause with ut and the subjunctive fiat. It introduces the classical legal rule regarding the transfer of ownership of a sold object to the buyer, which requires either payment of the price or the provision of security.
  2. §18.1.53.preo nomine — Meaning 'on that account' or 'in that name'. It refers back to the preceding pretium (price), indicating that a guarantor has been provided for the purpose of securing the price debt.
  3. §18.1.53.prplenius acceptum est — Meaning 'it is accepted more broadly (interpreted more liberally)'. This indicates that the rule is not restricted to a literal guarantor (fideiussor) but is extended to any other security measures that substantially satisfy the seller's claim, such as a substitute debtor (expromissor) or a pledge (pignus).
  4. §18.1.53.prproinde sit, ac si — A comparative construction 'proinde... ac si' (just as if). The subjunctive present 'sit' expresses a legal evaluation or determination ('it should be treated as'), while 'esset' is a pluperfect subjunctive of a contrary-to-fact condition introduced by ac si.

Cite this passage

Justinian I, The Digest of Justinian §18.1.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.53.pr

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