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Justinian I · The Digest of Justinian §18.1.60.pr

Seller's Discretion in Delivering a Portion of Jars

Passage 2648 of 9271 · Latin

Summary

This fragment presents a juristic response that if a sale contract specified sixty jars to be delivered but one hundred were available, the seller has the discretion to choose which jars to deliver.

[MARCELLUS libro sexto digestorum. ] §18.1.60.prComprehensum erat lege uenditionis dolia sexaginta emptori accessura: cum essent centum, in uenditoris fore potestate responsum est quae uellet dare.
[MARCELLUS, Digest, Book VI] It had been provided by a clause in the sale that sixty jars should go to the buyer. Since there were one hundred jars, it was answered that it would be within the seller's power to decide which ones he wished to give.

Notes

  1. §18.1.60.praccessura — The phrase dolia sexaginta emptori accessura [esse] is an accusative with infinitive clause acting as the subject of the impersonal passive comprehensum erat. accessura is the future active participle (neuter plural) of the intransitive verb accedere (to be added, to go with).
  2. §18.1.60.prquae uellet dare — The antecedent (such as ea) of the relative pronoun quae is omitted. The clause [ea] quae uellet dare ('those things which he should wish to give') functions as the subject of fore (= futurum esse) in the indirect discourse depending on responsum est.

Cite this passage

Justinian I, The Digest of Justinian §18.1.60.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.60.pr

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