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Justinian I · The Digest of Justinian §18.1.55.pr

Invalidity of Simulated Sales and Ownership Transfer

Passage 2643 of 9271 · Latin

Summary

Paulus explains that a bare and simulated sale is regarded as not having taken place, and therefore no transfer of ownership is recognized.

[IDEM libro secundo ad edictum aedilium curulium. ] §18.1.55.prNuda et imaginaria uenditio pro non facta est et ideo nec alienatio eius rei intellegitur.
[THE SAME, On the Edict of the Curule Aediles, Book II] A bare and imaginary sale is regarded as not made, and therefore even the alienation of that thing is not understood to have occurred.

Notes

  1. §18.1.55.prpro non facta — The preposition `pro` takes the ablative case and means "as" or "equivalent to". Here it is combined with the perfect passive participle `facta` (ablative feminine singular, agreeing with `uenditio`), meaning "as not made" or "as if it had not occurred".
  2. §18.1.55.prnec alienatio ... intellegitur — The conjunction `nec` follows `et ideo` ("and therefore") to mean "and also not". `intellegitur` is passive with `alienatio` as its subject, meaning "(legally) understood to have occurred" or "recognized".

Cite this passage

Justinian I, The Digest of Justinian §18.1.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.55.pr

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