Humanitext Reader

Justinian I · The Digest of Justinian §18.1.58.pr

Sale of Land After the Destruction of Trees

Passage 2646 of 9271 · Latin

Summary

Papinian discusses the sale of land where trees have been destroyed by wind or fire, stating that the same rules established in the previous cases for burnt houses apply here.

[PAPINIANUS libro decimo quaestionum. ] §18.1.58.prArboribus quoque uento deiectis uel absumptis igne dictum est emptionem fundi non uideri esse contractam, si contemplatione illarum arborum, ueluti oliueti, fundus comparabatur, siue sciente siue ignorante uenditore: siue autem emptor sciebat uel ignorabat uel uterque eorum, haec optinent, quae in superioribus casibus pro aedibus dicta sunt.
[PAPINIANUS, Questions, Book X] It has been said that in the case of trees as well, whether blown down by the wind or consumed by fire, the purchase of land is not considered to have been contracted, if the land was being bought in contemplation of those trees, such as an olive grove, whether the seller knew or was ignorant of it; and whether the buyer knew or was ignorant, or both of them did, those rules obtain which have been stated for houses in the previous cases.

Notes

  1. §18.1.58.prArboribus quoque uento deiectis uel absumptis igne — An ablative absolute construction indicating the prerequisite condition under which the purchase of land becomes problematic. vento (by wind) and igne (by fire) function as ablatives of agent or cause modifying the respective passive participles deiectis (blown down) and absumptis (consumed).
  2. §18.1.58.prcontemplatione — Ablative of means or cause, meaning "in contemplation of" or "with a view to." Combined with the genitive illarum arborum, it indicates that the buyer regarded the existence of those trees as a decisive motive for the transaction.
  3. §18.1.58.proptinent — Used intransitively to mean "apply," "prevail," or "hold good." The subject is the relative clause quae in superioribus casibus pro aedibus dicta sunt (the things which have been said for houses in the previous cases).

Cite this passage

Justinian I, The Digest of Justinian §18.1.58.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.58.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.